Davis

*177 MEMORANDUM *

Defendant Paul Anthony Davis (“Davis”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and 18 U.S.C. § 924 (e)(1) and for possession of a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Davis first argues that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), should apply retroactively to his conviction and sentence. Davis contends that under Apprendi , he was denied due process of law when the district court enhanced his sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e)(1) without first submitting the issue of the prior conviction to the jury. This argument, however, is foreclosed by our recent decision in United States v. Sanchez-Cervantes, 282 F.3d 664, 667-68 (9th Cir.2002). There, we held that Apprendi does not apply retroactively on collateral review.

Next, Davis contends that independent of Apprendi it was reversible error to apply the ACCA…