Sean Reynolds v. Steven Cambra, Jr., Warden Attorney General of the State of California

290 F.3d 1029, 2002 Cal. Daily Op. Serv. 4124, 2002 Daily Journal DAR 5247, 2002 U.S. App. LEXIS 9125, 2002 WL 979796

Opinion

OPINION

RAWLINSON, Circuit Judge:

Appellant Steven Cambra appeals the district court’s partial grant of Sean Reynolds’ habeas petition filed pursuant to 28 U.S.C. § 2254.

Without the benefit of our recent decision in United States v. Sanchez-Cervantes, 282 F.3d 664 (9th Cir.2002), the district court ruled, in a published opinion, that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), should apply retroactively to Reynolds’ petition.

However, after the district court’s decision was entered, Reynolds’ claim was completely foreclosed by our decision in Sanchez-Cervantes, where we held that Apprendi does not apply retroactively. Sanchez-Cervantes at 668-71; see also Rees v. Hill, 286 F.3d 1103, 2002 WL 453222 (9th Cir. Mar.26, 2002).

In light of our ruling that Apprendi does not apply retroactively, we need not address Reynolds’ prejudice arguments or any other asserted errors.

Each party will bear its costs on appeal.

REVERSED AND REMANDED.