Booker Does Not Apply Retroactively to 2255 Movants

U.S. v. Bellamy, 2005 WL 1406176 (6/16/05) - The 10th decides Booker does not apply retroactively to 2255 movants, based on the same reasoning it used to hold in U.S. v. Price, 400 F.3d 844 (2005), that Blakely does not apply retroactively. Also, the defendant failed to establish counsel acted unreasonably because correspondence from counsel indicated counsel properly advised about the sentencing possibilities and gave the defendant a chance to contest the PSR facts and he didn't.