United States v. Amos ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 23, 2007
Charles R. Fulbruge III
Clerk
No. 06-30811
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK E. AMOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:06-CV-1114
USDC No. 2:98-CR-146-1
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Before JONES, Chief Judge, and JOLLY and OWEN, Circuit Judges.
PER CURIAM:*
Mark E. Amos was convicted pursuant to his guilty plea of
possession with intent to distribute marijuana and conspiracy
to possess cocaine with intent to distribute, in violation of
21 U.S.C. §§ 841(a)(1), 846. He appeals the district court’s
dismissal of his 28 U.S.C. § 2255 motion to vacate his sentence as
being time-barred. The district court granted a certificate of
appealability as to this issue. Notwithstanding his assertions to
the contrary, United States v. Booker, 543 U.S. 220 (2005), is not
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
retroactively applicable to his motion. See United States v.
Gentry, 432 F.3d 600, 604-05 (5th Cir. 2005). Accordingly, the
judgment of the district court is AFFIRMED.
2