Dwight Charles STOWE, Appellant, v. UNITED STATES of America, Appellee, 144 F. App'x 569

PER CURIAM. Dwight Charles Stowe appeals the district court’s judgment denying Stowe’s 28 U.S.C. § 2255 motion for relief based on the Supreme Court’s recent holding in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The district court granted a certificate of appealability on whether the rule announced in Booker applies retroactively to cases on collateral review. Because it does not, see Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir. 2005) (per curiam), we affirm the judgment of the district court. See 8th Cir. R. 47B.

Counsel’s motion to withdraw is granted, and Stowe’s pro se motion for new counsel is denied. The Honorable Ronald E. Longstaff, Chief Judge, United States District Court for the Southern District of Iowa.