United States v. Lang
United States v. Lang
Opinion of the Court
MEMORANDUM
Billy Lang appeals the district court’s summary dismissal of his 28 U.S.C. § 2255 motion following his guilty-plea conviction for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999), and we affirm.
Lang contends that his sentence was imposed in violation of the rule announced
Lang’s contentions are foreclosed by United States v. Sanchez-Cervantes, 282 F.3d 664, 671 (9th Cir. 2002) (holding that Apprendi does not apply retroactively to cases on initial collateral review). Since Apprendi is not retroactive on collateral review, we need not address Lang’s cause and prejudice arguments or his timeliness argument.
AFFIRMED.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.