USA v. Hart
Criminal

District of Columbia, dcd-1:2001-cr-00198-12461

MEMORANDUM OPINION as to JASON HART. Signed by Judge Colleen Kollar-Kotelly on 6/2/08.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JASON DAVID HART, Petitioner, v. Civ. Action No. 05-1463 (CKK) Crim. Action No. 01-198 UNITED STATES OF AMERICA, FILED Respondent. JUN – 2 2008 NANCY MAYER WHITTINGTON, CLERK U.S. DISTRICT COURT MEMORANDUM OPINION (June 2, 2008) Currently before the Court is Petitioner Jason David Hart's [37] Motion to Reconsider the Court's January 18, 2006 Order granting the Government's Motion to Dismiss his habeas petition brought under 28 U.S.C. § 2255. Petitioner argues that the Court should not have dismissed his habeas petition and that his sentence was improper-because the Supreme Court made the Federal Sentencing Guidelines advisory in United States v. Booker, 543 U.S. 220 (2005). Petitioner was sentenced on January 23, 2002, whereas Booker was not decided by the Supreme Court until January 12, 2005. The D.C. Circuit has held that Booker may not be applied retroactively. See In re Fashina, 486 F.3d 1300, 1306 (D.C. Cir. 2007) ("[w]e ... conclude, as have all our sister circuits, [that] Booker does not meet the criteria for retroactive application"); In re Zambrano, 433 F.3d 886, 889 (D.C. Cir. 2006) ("we conclude that Booker is not a new rule of constitutional law 'made retroactive to cases on collateral review by the Supreme Court'') (quoting 28 U.S.C. § 2255). Accordingly, the Court shall deny Petitioner's [37] Motion for Reconsideration. An appropriate order accompanies this memorandum opinion. /s/ COLLEEN KOLLAR-KOTELLY United States District Judge