Woodard

MEMORANDUM ***

Corey Keith Woodard was tried and convicted on two counts of felony drug distribution, one count of felony drug possession with the intent to distribute, and one count of unlawfully possessing a firearm; his criminal conviction and sentence were affirmed on direct appeal. Woodard appeals from the district court’s denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 . He argues the following: 1) that he was denied effective assistance of counsel based on defense counsel’s failure to offer to stipulate to the existence of Woodard’s prior convictions, details of which were offered in evidence by the government at trial without objection, and 2) that the issue of drug quantity was not determined by the jury as required by Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). 1 We have jurisdiction under 28 U.S.C. §§ 1291 and 2253.

*5 We review the denial of a § 2255 motion or petition de novo. United States v. Sanchez-Cervantes, 282 F.3d 664, 666 (9th Cir. 2002), cert. denied, — U.S. -, 123 S.Ct. 48 , 154 L.Ed.2d 243 (2002). Findings of fact relevant to a denial of habeas corpus are reviewed for clear…