Sean Reynolds v. Steven Cambra, Jr., Warden Attorney General of the State of California

Good Law

2002 Daily Journal DAR 5247·290 F.3d 1029·2002 WL 979796·2002 Cal. Daily Op. Serv. 4124·2002 U.S. App. LEXIS 9125

United States Court of Appeals for the Ninth CircuitMay 14, 200201-55643California153 words

Opinion

Rawlinson, J.

OPINION

Appellant Steven Cambra appeals the district court’s partial grant of Sean Reynolds’ habeas petition filed pursuant to 28 U.S.C. § 2254 .

Without the benefit of our recent decision in United States v. Sanchez-Cervantes, 282 F.3d 664 (9th Cir.2002), the district court ruled, in a published opinion, that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), should apply retroactively to Reynolds’ petition.

However, after the district court’s decision was entered, Reynolds’ claim was completely foreclosed by our decision in Sanchez-Cervantes , where we held that Apprendi does not apply retroactively. Sanchez-Cervantes at 668-71 ; see also Rees v. Hill, 286 F.3d 1103 , 2002 WL 453222 (9th Cir. Mar.26, 2002).

In light of our ruling that Apprendi does not apply retroactively, we need not address Reynolds’ prejudice arguments or any other asserted errors.

Each party will bear its costs on appeal.

REVERSED AND REMANDED.