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LANG v. U.S.

No. 05-2700.

474 F.3d 348 (2007)

Brett LANG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2007.

Attorney(s) appearing for the Case

ARGUED: Patricia A. Maceroni, Mt. Clemens, Michigan, for Appellant. Wayne F. Pratt, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Patricia A. Maceroni, Mt. Clemens, Michigan, for Appellant. Wayne F. Pratt, Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before CLAY, ROGERS, and SUTTON, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Petitioner Brett Lang appeals the district court's denial of his motion to vacate his resentencing pursuant to 28 U.S.C. § 2255. Petitioner contends that because he argued that the principle announced in Booker applied to his resentencing, he is entitled to have Booker apply retroactively despite the fact that Booker was decided after his resentencing became final. We disagree and AFFIRM

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