Xavier McCLINTON Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee, 155 F. App'x 895

ORDER In 1996 a jury found Xavier MeClinton guilty of conspiracy to distribute cocaine, 21 U.S.C. §§ 841(a)(1), 846, and the district court sentenced him to 188 months in prison after finding by a preponderance of the evidence several facts that increased his sentencing guideline range. In this action under 28 U.S.C. § 2255, McClinton seeks to have his sentence vacated in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). McClinton acknowledges that we have already decided that Booker does not apply retroactively in collateral proceedings, McReynolds v.

United States, 397 F.3d 479 (7th Cir.2005). That case addresses the arguments he now presents, and we see no need to revisit it. AFFIRMED.