Citation Codes Equivalent Citations citation codes Docket Number No. 06-16808. Attorney(S) Michael K. Kawahara, Esq., Office of the U.S. Attorney PJKK Federal Building, Honolulu, HI, for Plaintiff-Appellee. Douglas Akira Hirano, Big Spring, TX, pro se. Judges Atsushi Wallace Tashima Barry G. Silverman Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Appeal See more information ... Smart Summary Please sign up to generate summary. UNITED STATES of America, Plaintiff-Appellee, v. Douglas Akira HIRANO, Defendant-Appellant. MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Douglas Akira Hirano appeals pro se from the district court's judgment denying as untimely his 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo, United States v. Chacon-Palomares, 208 F.3d 1157, 1158 (9th Cir. 2000), and we affirm. Hirano contends that his sentence was imposed in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). We affirm because the new rules of constitutional law that he purports to rely upon have not been made retroactive by the Supreme Court. See 28 U.S.C. § 2255; see also Dodd v. United States, 545 U.S. 353, 358, 125 S.Ct. 2478, 162 L.Ed.2d 343 (2005); United States v. Cruz, 423 F.3d 1119 (9th Cir. 2005) (per curiam). AFFIRMED.