IN RE ZAMBRANO

No. 05-3106.

433 F.3d 886 (2006)

In re: Regulo Antonio ZAMBRANO.

United States Court of Appeals, District of Columbia Circuit.

January 10, 2006.


Attorney(s) appearing for the Case

Regulo Antonio Zambrano, pro se, filed the application for leave to file a second or successive motion.

Roy W. McCleese III., Assistant U.S. Attorney, filed the opposition to the application. On the papers were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Assistant U.S. Attorney at the time the application was filed.

Before: RANDOLPH, ROGERS, and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Regulo Zambrano applies for leave to file a second motion to vacate his criminal sentence pursuant to 28 U.S.C. § 2255, contending that the sentence is unconstitutional under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We cannot authorize the filing, however, because the Supreme Court has not made Booker...

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