Esquivel-Vega

MEMORANDUM **

Santiago Esquivel-Vega appeals the district court’s denial of his 28 U.S.C. § 2255 petition challenging the 365-month sentence imposed following his conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 2255 , we review de novo, see United States v. Sanchez-Cervantes, 282 F.3d 664, 666 (9th Cir.2002), and affirm.

Esquivel-Vega contends that the rale announced in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is substantive and applies retroactively on collateral review and therefore *320 his sentence is unconstitutional because it exceeds the 20-year maximum sentence under § 841(b)(1)(C). Esquivel-Vega further contends that the non-retroactivity principles of Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), are not controlling.

We reject Esquivel-Vega’s contentions because they are foreclosed by our decision in Sanchez-Cervantes, 282 F.3d at 667-68, 673 (concluding that Teague applies to 28 U.S.C. § 2255 petitions and that the new rule of criminal procedure announced in Apprendi does not apply retroactively…