Davis

MEMORANDUM **

Stephan Francis Davis appeals pro se the district court’s denial of his 28 U.S.C. *815 § 2255 motion challenging the conviction and sentence imposed following his guilty plea to conspiracy, possession, and distribution of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 844, and 846, and possession of a firearm in violation of 21 U.S.C. §§ 922 (g)(1), (g)(3) and 924(c)(l)(A)(i). We affirm in part and vacate and remand in part.

Davis asserts that his 6th Amendment rights were violated when his sentence was enhanced pursuant to facts found by a judge. Because his conviction and sentence were final on June 12, 2003, this claim is foreclosed by Cook v. United States, 386 F.3d 949, 950 (9th Cir.2004) (order) (Blakely v. Washington not retroactive to cases on collateral review), and United States v. Cruz, 423 F.3d 1119, 1120 (9th Cir.2005) (United States v. Booker not retroactive to cases on collateral review). We affirm the district court’s denial as to this claim.

Davis also contends that his guilty plea was unknowing and involuntary because he was denied effective assistance of counsel, which is an uncertified claim that the government has chosen to address…