Mays
Mays v. United States
Opinion
Lead Opinion
MEMORANDUM **
Federal prisoner Preston Joel Mays appeals the district court’s order denying his 28 U.S.C. § 2255 motion to vacate his concurrent 288-month sentences for conspiracy to distribute and to possess with intent to distribute methamphetamine and marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). We affirm.
All Mays’ claims under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) are foreclosed because Apprendi “does not apply retroactively to cases on initial collateral review.” United States v. Sanchez-Cervantes, 282 F.3d 664, 671 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 48 , — L.Ed.2d - (2002).
Mays contends that the district court erred by not sua sponte issuing a special verdict form requiring the jury to make a specific finding that the object of the conspiracy was either marijuana or methamphetamine, or both. Because Mays failed to raise this claim on direct appeal, it is now procedurally defaulted. See United States v. Mejia-Mesa, 153 F.3d 925, 928 (9th Cir.1998)…