RALPH TYSON, District Judge
This matter is before the court on the petitioners' Motion For Leave To Amend Section 2255 Motions. The motions are opposed.
Record document numbers 2071, 2073, and 2074.
Record document number 2076.
By separate motion, each petitioner sought to amend his § 2255 motion to add an additional claim that his sentence is subject to attack in light of the recent decision by the United States Supreme Court in Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).
The government opposed the motions arguing that the claim is untimely, Blakely did not constitutionally invalidate the United States Sentencing Guidelines, and even if Blakely invalidated the United States Sentencing Guidelines, its application is not retroactively applicable.
Petitioners' Blakely issue is foreclosed in this circuit under United States v. Pineiro, 377 F.3d 464 (5th Cir. 2004), in which the court held that Blakely does not invalidate the Federal Sentencing Guidelines.
Accordingly, the petitioners' Motion For Leave To Amend Section 2255 Motions is DENIED.