41 F. App'x 990

UNITED STATES of America, Plaintiff-Appellee, v. Roy Dean GRACE, Defendant-Appellant.

No. 01-16040.

D.C. Nos. CR-96-00075-PMP CV-00-01202-PMP.

United States Court of Appeals, Ninth Circuit.

*991Submitted July 22, 2002 *.

Decided July 29, 2002.

Before BROWNING, KOZINSKI and BERZON, Circuit Judges.

MEMORANDUM **

Roy Dean Grace appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging his jury trial conviction and resulting life sentences for possession and distribution of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 851. We have jurisdiction pursuant to 28 U.S.C. § 2258, we review de novo, see United States v. Sanchez-Cervantes, 282 F.3d 664, 666 (9th Cir.2002), and we affirm.

Grace contends that his sentence violates the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and that Apprendi should be applied retroactively on initial collateral review.1 Our decision in Sanchez-Cervantes, 282 F.3d at 673, precludes our consideration of this challenge on initial collateral review.

AFFIRMED.

United States v. Grace
41 F. App'x 990

Case Details

Name
United States v. Grace
Decision Date
Jul 29, 2002
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41 F. App'x 990

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United States

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