The Courts Are Dening Peoples 2nd 2255 Because It Is Not Retro. They Are Sending Some Back For Resencing But Others Are Being Turned Down.i Beleive There Are Some Discrimination Some Where In This.you Can Not Appeal 2255's But I Wonder If You Can File A Law Suit On Discrimination.that All Should Have A Right To Be Resentence, Maybe That Can Get To The Supreme Court..otherwise Cases Are Being Turned Down......

No, sorry, but whether or not Blakely is retroactive is a matter of constitutional law and is question of whether or not Blakely alters "procedural due process rights" or "substantive due process rights". Since Blakely only alters the manner in which defendants are sentenced is a matter of procedural due process and there is a long line of case law that says that any alteration in the state of the law based upon procedural due process issues is not retroactive. There is no issue of discrimination.