Ramirez

MEMORANDUM *

Marcos Xavier Ramirez appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his two concurrent 276-month sentences for conspiracy and possession with intent to distribute methamphetamine. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and 2255, and we affirm.

Ramirez is barred from using a § 2255 motion to relitigate issues decided on direct appeal. See United States v. Redd, 759 F.2d 699, 701 (9th Cir.1985). Because we held on direct appeal that any error that occurred when Ramirez’s wife invoked her marital testimonial privilege in front of the jury was harmless, see United States v. Ramirez, 44 Fed.Appx. 80, 84 (9th Cir.2002) (unpublished disposition), Ramirez is barred from contending here that his attorney rendered ineffective assistance by forcing Ramirez’s wife to invoke her privilege before the jury. See Redd, 759 F.2d at 701 .

Moreover, the district court did not err when it denied Ramirez’s motion because Ramirez failed to show that his attorney rendered ineffective assistance. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). On direct appeal, we held the district court did not…