Plasencia-Garcia

MEMORANDUM ***

Adrian Plasencia-Garcia (“Plasencia”) appeals from the district court’s dismissal of his 28 U.S.C. § 2255 petition for post-conviction relief. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Plasencia argues that his sentencing violated the rule of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Apprendi held that “[i]t is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed. It is equally clear that such facts must be established by proof beyond a reasonable doubt.” Id. at 490 , 120 S.Ct. 2348 (quoting Jones v. United States, 526 U.S. 227, 252-53 , 119 S.Ct. 1215 , 143 L.Ed.2d 311 (1999) (Stevens, J., concurring)). Even assuming, however, that his sentence violated Ap-prendi, Plasencia cannot prevail on his § 2255 motion, because Apprendi does not apply retroactively to cases on collateral review. Reynolds v. Cambra, 290 F.3d 1029, 1030 (9th Cir.2002); Rees v. Hill, 286 F.3d 1103, 1104 (9th Cir.2002); United States v. Sanchez-Cervantes,…