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Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)

Here the Court ruled that Booker does not apply to any cases that became final before January 12, 2005, the day Booker was decided. The Court reasoned that Booker was a "new" rule (i.e., it was not "dictated by" either Apprendi or Blakely); (2) it was a procedural - rather ...

 

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