United States v. Hollis

TYMKOVICH, Circuit Judge.

We granted a certificate of appealability (COA) to determine whether the district court erred in dismissing Gary Jack Hollis’s claim that his criminal sentence should be vacated pursuant to 28 U.S.C. § 2255. He claims that his appellate attorney provided constitutionally ineffective assistance of counsel by failing to contest his sentence under the holding of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Having considered this issue in light of the entire record, we affirm. 1

I

In 1998, a federal jury found Mr. Hollis guilty of one count…