Lewis

MEMORANDUM **

Betty Lou Lewis appeals from the district court’s judgment denying her 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Lewis contends that the district court’s failure to submit the issue of drug quantity to the jury for its determination by proof beyond a reasonable doubt deprived her of her Sixth Amendment right to trial by jury, in violation of Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). Lewis also contends that the district court violated her Sixth Amendment right of confrontation by admitting, over her objection, a newspaper article from the Modesto Bee, in violation of Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004).

Lewis’ Blakely claim is foreclosed by United States v. Cruz, 423 F.3d 1119, 1121 (9th Cir.2005) (holding that neither Blakely nor United States v. Booker, 543 U.S. *703 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), applies retroactively to cases on collateral review). Likewise, Lewis’ confrontation argument is foreclosed by Whorton v. Bockting, — U.S. -, 127 S.Ct. 1173, 1184 , 167 L.Ed.2d 1 (2007) (holding that Crawford has no application…