McClain

United States v. McClain

Good Law
32 F. App'x 426
United States Court of Appeals for the Ninth CircuitMarch 20, 2002No. 01-35404; D.C. No. CV-00-03075-AAMCalifornia244 words

Opinion

Lead Opinion

MEMORANDUM **

Edwin Dale McClain appeals pro se the district court’s denial of his 28 U.S.C. *427 § 2255 motion. McClain challenges his jury trial conviction and 360-month sentence for conspiracy to manufacture methamphetamine, conspiracy to distribute methamphetamine, conspiracy to import methamphetamine, possession with intent to distribute methamphetamine, and possession of ephedrine with intent to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(d)(1), 846, 952(a), and 963. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

McClain was granted a certificate of appealability (“COA”) on the sole issue of whether under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) it was proper for the sentencing court to determine drug quantity by a preponderance of the evidence and increase the maximum sentence for the offenses of which McClain was convicted. 1 This issue is now foreclosed by our recent decision in United States v. Sanchez-Cervantes, 282 F.3d 664, 666-671 (9th Cir. 2002) (concluding that Apprendi does not apply retroactively on initial collateral review).

AFFIRMED.

This disposition is not appropriate…

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