IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA
Civil No. 05-2110
Criminal No. 02-20042-001
ANTHONY GAIL COLLINS
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Anthony Gail Collins, a federal prisoner, brings this pro se motion to vacate, set aside, or
correct sentence under 28 U.S.C. § 2255. I have not authorized service on the United States.
In December 2002, Collins pled guilty to distribution of 5 grams or more of a crack cocaine
base and felon in possession of a firearm. He was sentenced by Hon. Robert T. Dawson to 63
months imprisonment and took no appeal.
Collins requests resentencing under Blakely v. Washington, 542 U.S. 296 (2004), in which
the Supreme Court held that sentencing enhancements, other than criminal history, must be based
on jury findings or admissions by the defendant. Collins contends Judge Dawson enhanced his
sentence under U.S.S.G. § 2D1.1(b)(1) by finding that Collins possessed a dangerous weapon at the
time of commission of the offense.
Blakely does not benefit Collins. The decision, which was announced on June 24, 2004, does
not retroactively apply to § 2255 motions. See Never Misses a Shot v. United States, 413 F.3d 781
(8 Cir. 2005); Schardt v. Payne, ___F.3d ___, 2005 WL 1906932 (9 Cir. 2005); United States v.
Bellamy, 411 F.3d 1182, 1186 (10 Cir. 2005); Lloyd v. United States, 407 F.3d 608 (3 Cir. 2005).
Case 2:05-cv-02110-RTD-BSJ Document 1 Filed 08/16/2005 Page 1 of 2
USA v. Collins
1. The court can deny relief without a hearing where the matters on file conclusively show the
movant is not entitled to relief. Holloway v. United States, 960 F.2d 1348, 1351 (8 Cir. 1992).
Accordingly, I recommend the instant motion be denied and dismissed with prejudice. The
movant has ten days from receipt of this report and recommendation in which to file written
objections pursuant to 28 U.S.C. § 636(b)(1). The