Quezada-Daza

*288 MEMORANDUM *

Defendant Jesus Quezada-Daza appeals from the district court’s judgment denying his motion for relief under 28 U.S.C. § 2255 . On de novo review, United States v. Wells, 394 F.3d 725, 732-33 (9th Cir.2005), we affirm.

Defendant first argues that his trial counsel was ineffective for failing to request a special verdict form, the procedure described in United States v. Garcia, 37 F.3d 1359 (9th Cir.1994), limited on other grounds in United States v. Jackson, 167 F.3d 1280 (9th Cir.1999), when a conspiracy has two objects. Defendant was charged with conspiring to distribute both marijuana and methamphetamine.

In addition, Defendant argues that his appellate counsel was ineffective for failing to file a petition for rehearing with this court after the Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Defendant’s sentence rested on a judicial finding of drug quantities.

In both respects, we assume, without deciding, that Defendant’s counsel performed outside the range of professional competence, satisfying the first prong of Strickland v. Washington, 466 U.S. 668, 687-90 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).…