Jon David BROOKS, Appellant, v. UNITED STATES OF AMERICA, Appellee, 153 F. App'x 982

PER CURIAM. Jon David Brooks filed a 28 U.S.C. § 2255 motion to vacate Brooks’s sentence based on the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court denied relief, but granted a certificate of appealability on whether the ruling in Blakely — and now United States v. Booker, — U.S.-, 125 S.Ct. 738,160 L.Ed.2d 621 (2005) — applies retroactively to cases on collateral review. The rule announced in Booker does not apply to final criminal judgments on collateral review. See Never Misses A Shot v.

United States, 413 F.3d 781, 783-84 (8th Cir.2005) (per curiam). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.