Salazar-Lopez

MEMORANDUM **

Carlos Salazar-Lopez appeals the district court’s dismissal of his petition for habeas relief, in which he claimed: 1) he is entitled to relief under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and 2) he received ineffective assistance of counsel. We have jurisdiction under 28 U.S.C. § 2255 .

We affirm the district court’s dismissal of Salazar-Lopez’s claim under Booker . Our decision in United States v. Cruz, 423 F.3d 1119 (9th Cir.2005), forecloses Salazar-Lopez’s argument. Booker does not apply retroactively on collateral review.

To prevail on a claim of ineffective assistance, a defendant must show both deficient performance and prejudice. Strickland v. Washington, 466 U.S. 668, 687 , 104 *170 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Deficient performance requires a showing that counsel’s advice “fell below an objective standard of reasonableness.” Id. at 688 , 104 S.Ct. 2052 . Prejudice exists when “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694 , 104 S.Ct. 2052 .

A defendant’s decision to plead not guilty is “a vitally…