at the time of the state-court decision.’ ” Yarborough v. Alvarado, 541 U.S. 652, 666, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004). Consequently, Ibanez’s Petition must be denied. Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis supporting an appeal. The Clerk is instructed to close the case. SO ORDERED. 1 . Petitioner alleges that Caetano in some fashion might protect his right to the unlicensed possession of a firearm in an automobile that he regarded as the equivalent of his home. 2 . The First Circuit Court of Appeals has made clear that Supreme Court precedent is not retroactively applied unless the Court orders it so. See Cirilo-Muñoz v. United States, 404 F.3d 527 (1st Cir.2005) (<HOLDING>)'. See also United States v. Fraser, 407 F.3d
holding that booker does not apply retroactively to collateral proceedings under  2255 holding that equitable tolling is available for petitions filed pursuant to 28 usc  2255 holding petitions under 28 usc  2255 unavailable to advance booker claims in the absence of a supreme court decision rendering booker retroactive holding that a claim under booker does not fit within the savings clause of 28 usc  2255 holding sentencing under the acca not to be a booker error