UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
April 16, 2007
TREVOR WATSON, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Hurley, Senior District Judge
MEMORANDUM & ORDER
Petitioner Trevor Watson ("Watson") moves pursuant to 28 U.S.C. §2255 to vacate, set aside or correct his sentence arising from his 2003 conviction in this Court. The motion is denied.
Watson claims that the imposition of his sentence violated the Sixth Amendment under Blakely v. Washington, 542 U.S. 296 (2004). His claim is unavailing.
First, the waiver in his plea agreement of any right to bring a collateral attack, which waiver was knowingly made, precludes this motion. See United States v. Morgan, 406 F.3d 135, 137 (2d Cir. 2005) (holding plea agreement waiver of right to appeal enforceable against claim under United States v. Booker, 543 U.S. 220 (2005) even though Booker was decided subsequent to plea); Garcia-Santos v. United States, 273 F.3d 506 (2d Cir. 2001) (plea agreement provision waiving right to file motion to vacate applies to grounds that arise after entry of guilty plea).
Second, Booker does not apply retroactively to cases on collateral review. See Guzman v. United States, 404 F.3d 139 (2d Cir. 2005); Green v. United States, 397 F.3d 101, 103 (2d Cir. 2005).
For the reasons set forth above, the motion is denied. The Clerk of Court is directed to close this case.
Denis R. Hurley Senior District Judge
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