U.S. v. Taualii

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Faamanatu TAUALII…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 20, 2002

37 F. App'x 942 (9th Cir. 2002)

Opinion

37 Fed.Appx. 942 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Faamanatu TAUALII, Defendant--Appellant. No. 01-17297. D.C. No. CV-01-00394-DAE. D.C. No. CR-93-01075-DAE. United States Court of Appeals, Ninth Circuit. June 20, 2002

Submitted June 10, 2002 ^*.

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding.

Before RYMER, T.G. NELSON, and THOMAS, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Faamanatu Taualii appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Tauaulii contends that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), renders his sentence unconstitutional. We recently held that the rule announced in Apprendi does not apply retroactively to cases on initial collateral review. United States v. Sanchez-Cervantes, 282 F.3d 664 (9th Cir.2002). The district court's order is therefore

AFFIRMED.