Paktipatt

MEMORANDUM *

Thanad Paktipatt appeals the district court’s order denying his habeas corpus petition filed under 28 U.S.C. § 2255 . Specifically, Paktipatt challenges the district court’s holding that it could not retroactively apply the new rule established in Apprendi v. New Jersey 1 to cases on ini *445 tial collateral review and that Paktipatt did not receive ineffective assistance of counsel at trial. We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2255 . We affirm the district court’s order.

The decision to deny a § 2255 petition is reviewed de novo. 2 Paktipatt asserts that his sentence for drug violations violated Apprendi because the judge set the sentence after determining the drug quantities himself. However, our recent decision in United States v. Sanchez-Cervantes 3 forecloses Paktipatt’s Apprendi claim. In Sanchez-Cervantes, we held that Apprendi does not apply retroactively to cases on initial collateral review. 4 Therefore, Paktipatt is barred from pursuing an Apprendi claim in his § 2255 petition.

Paktipatt also asserts that his counsel rendered ineffective assistance by not calling an expert on Thai culture as a witness and…