A U.S. Supreme Court ruling upending the federal sentencing guidelines does not apply retroactively to cases on collateral review, the 2nd U.S. Circuit Court of Appeals has ruled. Joining several other circuits, the 2nd Circuit says the January high court ruling in U.S. v. Booker was neither a substantive nor a watershed "rule of procedure that affects 'the fundamental fairness and accuracy of the criminal proceeding'" -- and therefore does not require retroactivity under the U.S. Constitution.
Bid to Upset Sentence Under 'Booker' Rejected
New York Law Journal
April 13, 2005