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U.S. v. SANCHEZ-CERVANTES

No. 98-35897.

282 F.3d 664 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Juan SANCHEZ-CERVANTES, aka Hugo Quirox, Quiroc, Quiroz, Quiroz Trejo, and Quiroz Tapia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 1, 2002.

As Amended March 15, 2002.

Attorney(s) appearing for the Case

William S. Labahn, Law Offices of William S. Labahn, P.C., Eugene, OR, for the defendant-appellant.

Michael A. Rotker, Assistant United States Attorney, Washington, DC, and Christopher L. Cardani, Assistant United States Attorney, Eugene, OR, for the plaintiff-appellee.

Before: HUG, T.G. NELSON, and GOULD, Circuit Judges.

T.G. NELSON, Circuit Judge.

Juan Sanchez-Cervantes appeals from the district court's denial of his initial petition for relief pursuant to 28 U.S.C. § 2255. Sanchez-Cervantes argues that his conviction and sentence for federal drug violations should be vacated because of the rule announced in Apprendi v. New Jersey1 and because he received ineffective assistance of counsel at trial. We hold that the new rule of criminal procedure...

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