Bouza v. United States

[374] ORDER** The district court’s order applying Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), retroactively to grant Appellee’s petition under 28 U.S.C. § 2255 is REVERSED and REMANDED. See United States v. Sanchez-Cervantes, 282 F.3d 664, 665 (9th Cir.2002) (“We hold that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review----”), cert. denied, — U.S. -, 123 S.Ct. 48, — L.Ed.2d - (2002); Rees v. Hill, 286 F.3d 1103, 1104 (9th Cir.2002) (applying same rule to second or successive petition). Footnotes [**] This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.