United States v. Johnson

191 F. App'x 262

Opinion

PER CURIAM: *

Bobby Johnson, a federal prisoner, appeals the denial of his motion to amend his 28 U.S.C. § 2255 motion, wherein he challenges his conviction of extortion, conspiring to commit extortion, mail and wire fraud, and making a false statement. Johnson seeks to amend his § 2255 motion to raise a constitutional issue under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court denied leave to amend but granted Johnson a certificate of appealability on the issue whether he should be permitted to raise a claim under Blakely.

Johnson argues that the court abused its discretion by denying him leave to amend. He asserts that the court committed error under Blakely and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by applying mandatory sentencing guidelines to enhance his sentence based on facts neither admitted nor found by a jury and that Booker applies retroactively to his case. Johnson’s arguments concerning Blakely and Booker are foreclosed. See United States v. Edwards, 442 F.3d 258, 264 (5th Cir.2006), cert. denied, — U.S. -, 126 S.Ct. 2948, — L.Ed.2d-(2006) (No. 05-1504); United States v. Gentry, 432 F.3d 600, 605 (5th Cir.2005). The court did not abuse its discretion.

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.