Byron Spears v. United States

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1164
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Byron Spears, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
United States of America, *
* [UNPUBLISHED]
Appellee. *
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Submitted: October 19, 2005
Filed: October 26, 2005
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Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
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PER CURIAM.
Byron Spears appeals the district court’s1 judgment denying his 28 U.S.C.
§ 2255 motion to vacate his sentence. The sole issue presented--whether United
States v. Booker, 125 S. Ct. 738 (2005), is retroactively applicable to final
convictions on collateral review--has been resolved, and Spears’s section 2255
motion is foreclosed. See Never Misses A Shot v. United States, 413 F.3d 781, 783-
84 (8th Cir. 2005) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B.
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1
The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.