IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30097
Summary Calendar
STANLEY JACKSON
Petitioner - Appellant
v.
JOSEPH M HARO
Respondent - Appellee
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-1127
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August 5, 2002
Before KING, Chief Judge, and WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Stanley Jackson, federal prisoner # 43178-019, appeals the
dismissal of his 28 U.S.C. § 2241 petition as duplicative.
Jackson’s argument that he is entitled to relief under Apprendi
v. New Jersey, 530 U.S. 466 (2000), fails because his sentence
was enhanced based on prior convictions pursuant to 18 U.S.C.
§ 924(e). See Apprendi, 530 U.S. at 488 (“Other than the fact of
a prior conviction, any fact that increases the penalty for a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-30097
-2-
crime beyond the prescribed statutory maximum must be submitted
to a jury and proved beyond a reasonable doubt.") (emphasis
added).
Jackson has failed to allege any error on the part of the
district court in dismissing his petition as duplicative; he has
briefed only the merits of the arguments raised in his petition.
He has therefore waived review of the dismissal of his petition
on that basis. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th
Cir. 1993).
AFFIRMED; Motions to appoint counsel and for evidentiary
hearing DENIED.