United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2789
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Raul Camerena Sigala, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 28, 2005
Filed: November 16, 2005
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Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
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PER CURIAM.
Raul Sigala appeals the district court’s1 denial of his 28 U.S.C. § 2255 motion
seeking relief based on United States v. Booker, 125 S. Ct. 738 (2005). The district
court granted a certificate of appealability on whether the rule announced in Booker
applies retroactively to cases on collateral review, and we have since concluded that
it does not. 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.
1
The Honorable Warren K. Urbom, United States Judge Court for the District
of Nebraska.