
    UNITED STATES of America, Plaintiff—Appellee, v. Johnathan Luther HILL, Defendant—Appellant.
    United States Court of Appeals, Ninth Circuit.
    No. 05-30254.
    Submitted Jan. 9, 2006.
    
    Decided Jan. 17, 2006.
    Before: HUG, O’SCANNLAIN, and SILVERMAN, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Johnathan Luther Hill appeals pro se from the district court’s order denying his motion for writ of error audita querela. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We affirm the district court’s order because Hill’s conviction became final in 1999, and this court has held that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), does not apply retroactively to convictions that became final prior to its publication. See

United States v. Cruz, 423 F.3d 1119, 1121 (9th Cir.2005) (per curiam).

AFFIRMED. 
      
      
         This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     