Gonzalez-Garcia

MEMORANDUM **

Gonzalez-Garcia appeals the district court’s denial of his 28 U.S.C. § 2255 habe-as petition. Gonzalez-Garcia argues that he received ineffective assistance of counsel and that his sentence was illegal under the Sentencing Guidelines. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

I

Gonzalez-Garcia contends that his trial counsel was ineffective by failing to argue at sentencing the applicability of Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990) and United States v. Parker, 5 F.3d 1322 (9th Cir. 1993). Taylor and Parker both involved interpretations of the sentencing enhancement provisions of § 1402 of Subtitle I (the Career Criminals Amendment Act of 1986) (“CCAA”) of the Anti-Drug Abuse Act of 1986, 18 U.S.C. § 924 (e). In Taylor , the Supreme Court held that the term “burglary” as it is used under the CCAA, incorporates a generic definition of the crime of burglary, not one dependent on an individual state’s statutory definition. 495 U.S. at 598 . In Parker , we addressed the limited question under the CCAA whether a court may resort to the charging papers alone in determining whether a prior conviction was a…