McClinton, Xavier v. United States

UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 10, 2005*
Decided November 21, 2005
Before
Hon. THOMAS E. FAIRCHILD, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
No. 05-2360
XAVIER McCLINTON Appeal from the United States
Petitioner-Appellant, District Court for the Western District
of Wisconsin
v.
No. 05-C-49-C
UNITED STATES OF AMERICA,
Respondent-Appellee. Barbara B. Crabb,
Chief Judge.
ORDER
In 1996 a jury found Xavier McClinton guilty of conspiracy to distribute
cocaine, 21 U.S.C. §§ 841(a)(1), 846, and the district court sentenced him to 188
months in prison after finding by a preponderance of the evidence several facts that
increased his sentencing guideline range. In this action under 28 U.S.C. § 2255,
McClinton seeks to have his sentence vacated in light of United States v. Booker,
125 S. Ct. 738 (2005). McClinton acknowledges that we have already decided that
Booker does not apply retroactively in collateral proceedings, McReynolds v. United
States, 397 F.3d 479 (7th Cir. 2005). That case addresses the arguments he now
presents, and we see no need to revisit it.
AFFIRMED.
*
After an examination of the briefs and the record, we have concluded that
oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the
record. See Fed. R. App. P. 34(a)(2).