Woodroffe

MEMORANDUM **

Robert Woodroffe appeals the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Woodroffe was convicted by a jury in Oregon state court and sentenced pursuant to Oregon’s dangerous offender statute. See Or.Rev.Stat. §§ 161.725, 161.735. The sentencing judge found facts not presented to the jury, using a clear and convincing evidence standard, and used those facts to increase Woodroffe’s maximum sentence from twenty years to thirty years in prison. The Oregon Court of Appeals has since held that this procedure violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). State v. Warren, 195 Or.App. 656 , 98 P.3d 1129 (2004). However, Woodroffe’s conviction became final prior to the Apprendi decision. Woodroffe argues that Apprendi applies retroactively to his case on collateral review and provides a basis for granting his petition for a writ of habeas corpus.

We review de novo the district court’s denial of Woodroffe’s petition. Custer v. Hill, 378 F.3d 968, 971 (9th Cir.2004). Woodroffe’s arguments are foreclosed by our precedents. In United…