Cruz

I. BACKGROUND

Susana Cruz was convicted in June 1999 in the District of Alaska of one count of conspiracy to commit offenses relating to cocaine distribution and possession; three counts of posses- sion with intent to distribute cocaine; three counts of main- taining a place for cocaine distribution and possession; two counts of making premises available for the storage and distri- bution of cocaine; and one count of interstate travel to pro- mote cocaine trafficking. On January 21, 2000, Cruz was sentenced to 168 months in prison. This court affirmed Cruz’ conviction and sentence on May 7, 2001. See United States v. Marin, 8 F. App’x 815 (9th Cir. 2001) (unpublished disposi- tion).

Cruz brought a petition pursuant to 28 U.S.C. § 2255 on July 3, 2002, collaterally attacking her sentence. The district court denied her petition and she appealed. While her appeal was pending before this court, the Supreme Court decided Booker, and on January 14, 2005, we issued an order permit- ting Cruz and the United States to file supplemental briefing on the application of Booker to this case. Because the appel- lant has made a “substantial showing of the denial of a consti- tutional right,”…