UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SALVADOR CHAVEZ-CEJA,

Defendant - Appellant.	No. 02-3347

(D.C. No. 01-CV-3214-JTM

and 97-CR-10080-01-JTM)

(D. Kansas)

ORDER AND JUDGMENT*

Before EBEL, HENRY and HARTZ, Circuit Judges.

Salvador Chavez-Ceja was convicted of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 210 months in prison; his conviction and sentence were upheld on direct appeal. Chavez-Ceja then filed a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. He argues that his conviction was obtained in violation of Apprendi v. New Jersey, 530 U.S. 466 (2000), because neither the indictment nor the judge's instructions to the jury made the amount of methamphetamine a specific element of the offense with which he was charged.1

The district court denied Chavez-Ceja's motion and denied his request for a Certificate of Appealability, finding that Chavez-Ceja had failed to make a substantial showing of the denial of a constitutional right. We AFFIRM the denial of a COA for substantially the reasons stated by the district court.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge