Ramos-Oseguera

MEMORANDUM **

Petitioner Julio Cesar Ramos-Oseguera appeals the district court’s denial of his motion to vacate, set aside, or correct a judgment and sentence under 28 U.S.C. § 2255 . The parties are familiar with the facts and procedural history of this case and we do not repeat them here. Ramos-Oseguera argues that the admission of his wife’s prior testimonial statements violated his Sixth Amendment Confrontation Clause rights under Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). For the reasons set forth below, we affirm.

For habeas claims based on new constitutional rules of criminal procedure that are announced after the conclusion of a petitioner’s direct appeal, a federal court can only grant relief under 28 U.S.C. § 2255 if the new rule applies retroactively under Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). See United States v. Sanchez-Cervantes, 282 F.3d 664, 667-68 (9th Cir.2002) (holding that the Teague analysis applies to petitions under 28 U.S.C. § 2255 ). Ramos-Oseguera relies on the new rule enumerated in Crawford — which was decided after the conclusion of his direct appeal — as the legal basis for his…