Back in October, in Lilly v. U.S., Judge Jones declined to give Blakely retroactive effect.
According to this post from the Ninth Circuit Blog, Judge Jones' opinion was cited in the first habeas petition before a federal magistrate in the case of Quirion v. U.S., in which the Court similarly declined to give Booker retroactive effect. The opinion cites to these words from Judge Jones' opinion: "In Summerlin, the Court found that Ring v. Arizona, 536 U.S. 584 (2002), a case that extended Apprendi to aggravating factors in capital cases, was a new procedural rule and was not retroactive. A similar analysis dictates that Blakely announced a new procedural
rule and is similarly non-retroactive." Lilly v. United States, 342 F. Supp.2d 532, 537 (W.D. Va. 2004).
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