United States v. Reynolds

49 F. App'x 123

Opinion

MEMORANDUM**

Federal prisoner Frank Reynolds appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside or correct his sentence for his conviction for manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1). Reynolds contends that his prior waiver of his right to challenge his sentence was rendered invalid because his sentence is illegal under the subsequently-decided Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Reynolds’ contention is foreclosed by United States v. Sanchez-Cervantes, 282 F.3d 664, 671 (9th Cir.2002) (holding that the rule announced in Apprendi does not apply retroactively to cases on collateral review).

AFFIRMED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.