BERRY v. U.S.

No. 7:05CV00574.

390 F.Supp.2d 509 (2005)

James Gilbert BERRY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

September 29, 2005.


Attorney(s) appearing for the Case

Joseph A. Sanzone, Sanzone & Baker, P.C., Lynchburg, VA, for Petitioner.


OPINION

JONES, Chief Judge.

Petitioner James Gilbert Berry, a federal inmate proceeding by counsel, brings this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. § 2255 (West 1994 & Supp.2005). In his motion, Berry requests re-sentencing on his 2003 conviction based on the United States Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 ...

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