|UNITED STATES OF AMERICA,||
The district court is correct. Section 2255 provides the exclusive means for collateral attack of a federal criminal sentence. Baker v. Sheriff of Santa Fe County, 477 F.2d 118, 119 (10th Cir. 1973). We note, however, that even were Mr. Callejas to petition this Court to authorize a second 2255 application, as required by 28 U.S.C. 2244(3), his petition would fail. Defendants may not raise a Booker claim in a second or successive 2255 motion, as Booker did not announce a new, retroactive rule of constitutional law. Bey v. United States, 399 F.3d 1266, 1268-69 (10th Cir. 2005).
The judgment of the United States District Court for the District of New Mexico is AFFIRMED. The government's motion to dismiss is DENIED.
Entered for the Court,
Michael W. McConnell
*.After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.