United States v. Wooden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6793
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HERMAN WOODEN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, District
Judge. (CR-90-18-A)
Submitted: December 14, 2005 Decided: February 23, 2006
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Herman Wooden, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Herman Wooden appeals from the district court’s order
denying his motion filed under Fed. R. Civ. P. 60(b), in which he
sought reconsideration of the district court’s denial of his motion
for a reduction in his sentence. We have reviewed the record and
find no abuse of discretion and no reversible error.
In his supplemental informal brief, Wooden seeks relief
from his sentence under Blakely v. Washington, 542 U.S. 296 (2004),
and United States v. Booker, 543 U.S. 220 (2005). As this court
has recently determined, the Booker rule is not available on
collateral review to prisoners whose convictions became final
before Booker was decided. See United States v. Morris, 429 F.3d
65, 72 (4th Cir. 2005). Accordingly, we affirm the district
court’s order. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED
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