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The U.S. Supreme Court ruling in U.S. v. Booker is not retroactive for defendants bringing initial habeas petitions, a federal judge has ruled. Relying largely on a recent 2nd Circuit case -- which held that the high court ruling does not apply retroactively to a second habeas appeal -- Eastern District of New York Judge David G. Trager said that a 7th Circuit ruling, and additional Supreme Court precedent, indicate that logic should extend to first-time habeas petitions as well.
February 25, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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