Tomas RODRIGUEZ, Jr., Appellant, v. UNITED STATES of America, Appellee, 147 F. App'x 621

PER CURIAM. Thomas Rodriguez, Jr., appeals the district court’s judgment denying Rodriguez’s 28 U.S.C. § 2255 motion to vacate his sentence. The sole issue presented is whether United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is retroactively applicable to final convictions on collateral review. This issue has been resolved adversely to Rodriguez in Never Misses A Shot v. United States, 413 F.3d 781, 783-84 (8th Cir.2005) (per curiam), and his

section 2255 motion is foreclosed. We affirm the district court. See 8th Cir. R. 47B. The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.