Dunn

MEMORANDUM **

Michael Todd Dunn, an Oregon state prisoner, appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2258, and we affirm.

Dunn contends that the sentencing court violated his rights under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), by departing upward from the presumptive sentence under the state Sentencing Guidelines based upon findings made by the sentencing judge rather than by a jury. This contention fails. Blakely does not apply to Dunn because his sentence was final before Blakely was decided. See Schardt v. Payne, 414 F.3d 1025, 1033-36 (9th Cir.2005) (holding that Blakely does not apply retroactively on collateral review). We conclude that the state court’s rejection of Dunn’s Apprendi claim was not contrary to, nor an unreasonable application of, clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d)(1).

Dunn also contends that his counsel rendered ineffective assistance by failing to object to the sentence on…