IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41006
Conference Calendar
BURVON KING,
Petitioner-Appellant,
versus
ERNEST CHANDLER, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-379
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Burvon King, federal prisoner # 21029-077, appeals from the
dismissal of his 28 U.S.C. § 2241 petition. King argues that the
indictment and sentence in his case violated Apprendi v. New
Jersey, 530 U.S. 466 (2000), and that the “savings clause” of
28 U.S.C. § 2255 applies to allow him to pursue 28 U.S.C. § 2241
relief. Apprendi does not apply retroactively to cases on
collateral review and does not establish that King was convicted
*
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that this opinion should not be published and is not precedent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. 01-41006
-2-
of a nonexistent offense. Wesson v. U.S. Penitentiary, 305 F.3d
343, 347 (5th Cir. 2002). King cannot make a showing sufficient
to invoke the “savings clause” of 28 U.S.C. § 2255 to pursue
28 U.S.C. § 2241 relief. Id.
AFFIRMED.