Garcia

MEMORANDUM **

Felipe Arrevalo Garcia appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging his conviction and sentence for conspiracy to manufacture methamphetamine with intent to dis *742 tribute and manufacturing methamphetamine, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 and 846. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Garcia’s August 11, 2004 motion for reconsideration of his motion to broaden the certificate of appealability and his second motion to broaden the certificate of appeal-ability is DENIED. See 28 U.S.C. § 2253 (c)(2).

Garcia’s argument that the district court erred in determining that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), should not apply retroactively on collateral review is foreclosed by United States v. Sanchez-Cervantes, 282 F.3d 664, 665 (9th Cir.2002), and the district court’s judgment is AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *742 courts of this circuit except as provided by Ninth Circuit Rule 36-3.