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,
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