Brim

MEMORANDUM *

Brian Keith Brim appeals the denial of his motion to vacate his sentence, pursuant to 28 U.S.C. § 2255 . Brim complains that he was denied his Sixth Amendment right to effective assistance of counsel and that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000) requires that his sentence be vacated.

We review the district court’s denial of a section 2255 motion de novo. United States v. Wells, 394 F.3d 725, 732-33 (9th Cir.2005). Under Strickland v. Washington, 466 U.S. 668, 692, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), to support a claim for ineffective assistance standard, a defendant must demonstrate that his representation (1) fell “below an objective standard of reasonableness,” and (2) that the mistakes made were “prejudicial to the defense,” that is, such mistakes that create a “reasonable probability that, but for [the] unprofessional errors, the result of the proceeding would have been different.” Counsel’s performance is strongly presumed to fall within the ambit of reasonable conduct unless Brim can show otherwise. Id. at 689-90 , 104 S.Ct. 2052 .

The Strickland test applies to claims that a defendant did not receive…