United States v. Juan Sanchez-Cervantes, AKA Hugo Quirox, Quiroc, Quiroz, Quiroz Trejo, and Quiroz Tapia

T.G. NELSON, Circuit Judge.

Juan Sanchez-Cervantes appeals from the district court’s denial of his initial petition for relief pursuant to 28 U.S.C. § 2255. Sanchez-Cervantes argues that his conviction and sentence for federal drug violations should be vacated because of the rule announced in Apprendi v. New Jersey1 and because he received ineffective assistance of counsel at trial. We hold that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review, and Sanchez-Cervantes’ counsel did not render ineffective assistance. Therefore, we…