United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 14, 2006
Charles R. Fulbruge III
Clerk
No. 04-31214
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BOBBY JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
No. 3:04-CV-115
No. 3:98-CR-165-5
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Bobby Johnson, a federal prisoner, appeals the denial of his
motion to amend his 28 U.S.C. § 2255 motion, wherein he challenges
his conviction of extortion, conspiring to commit extortion, mail
and wire fraud, and making a false statement. Johnson seeks to
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited circum-
stances set forth in 5TH CIR. R. 47.5.4.
amend his § 2255 motion to raise a constitutional issue under
Blakely v. Washington, 542 U.S. 296 (2004). The district court de-
nied leave to amend but granted Johnson a certificate of appeal-
ability on the issue whether he should be permitted to raise a
claim under Blakely.
Johnson argues that the court abused its discretion by denying
him leave to amend. He asserts that the court committed error un-
der Blakely and United States v. Booker, 543 U.S. 220 (2005), by
applying mandatory sentencing guidelines to enhance his sentence
based on facts neither admitted nor found by a jury and that Booker
applies retroactively to his case. Johnson’s arguments concerning
Blakely and Booker are foreclosed. See United States v. Edwards,
442 F.3d 258, 264 (5th Cir. 2006), cert. denied, 2006 U.S. LEXIS
4975 (U.S. June 26, 2006) (No. 05-1504); United States v. Gentry,
432 F.3d 600, 605 (5th Cir. 2005). The court did not abuse its
discretion.
AFFIRMED.