OPINION
KAREN NELSON MOORE, Circuit Judge.
Petitioner-Appellant Thomas Albert Nichols ("Nichols") appeals from the district court's judgment denying his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Nichols argues that his counsel was constitutionally ineffective for failing to challenge enhancements to his Guidelines range. Nichols argues that, based on Apprendi v. New Jersey,
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