Mattarolo

MEMORANDUM **

Federal prisoner Richard Nathaniel Mattarolo appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging his 264-month sentence imposed following his conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and possession of a controlled substance, in violation of 21 U.S.C. § 841 (d)(2). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Mattarolo contends that his constitutional rights were violated because of prosecutorial misconduct at trial and pretrial delay. The district court properly ruled that these claims were procedurally defaulted because Mattarolo did not raise them at trial or on direct appeal, and has not shown cause and prejudice. See United States v. Johnson, 988 F.2d 941, 945 (9th Cir.1993)

Mattarolo’s next contention, that his sentence violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), is foreclosed by our decision in United States v. Sanchez-Cervantes, 282 F.3d 664, 667 (9th Cir.2002) (concluding that the ruling in Apprendi does not apply retroactively to initial petitions for collateral review), cert. denied, 537…