Free Reply/Response Misc - District Court of Connecticut - Connecticut

Case 3:00-cr-00069-AHN

Document 224

Filed 04/13/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. CLINTON COX : : : : : : : CRIM. NO. 3:00CR69(AHN) CIV. NO. 3:04CV1383(AHN) APRIL 13, 2005

NOTICE By pro se pleading entitled "Notice of Judicial Cognizance" ("Notice") filed February 8, 2005, Clinton Cox (the "defendant") informed the Court of the decision by the United States Supreme Court in United States v. Booker, 125 S. Ct. 738 (2005), and requested that the Court grant his habeas corpus petition. On April 8, 2005, the Second Circuit held that Booker does not apply retroactively to cases on collateral review where a defendant's conviction was final as of January 12, 2005, the date on which the Supreme Court issued Booker. States, (2d Cir. case here. The Government thus respectfully requests that the Court See Guzman v. United Such is the

April 8, 2005)(copy attached).

Case 3:00-cr-00069-AHN

Document 224

Filed 04/13/2005

Page 2 of 2

summarily dismiss the defendant's amended petition. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY JAMES J. FINNERTY ASSISTANT UNITED STATES ATTORNEY United States Attorney's Office United States Courthouse 915 Lafayette Boulevard Bridgeport, CT 06604 Tel: (203) 696-3000 Federal Bar No. CT15203 CERTIFICATION OF SERVICE This is to certify that a copy of the foregoing has been mailed via First Class Mail, postage prepaid, on April 14, 2005 to: Clinton D. Cox Inmate No. 13883-014 USP Lewisburg P.O. Box 1000 Lewisburg, PA 17837 ___________________________ JAMES J. FINNERTY ASSISTANT UNITED STATES ATTORNEY

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