IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41047
Conference Calendar
REGINALD L. MCCOY,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA; JOHN ASHCROFT, U.S. Attorney
General, ERNEST V. 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-10
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Reginald L. McCoy, federal prisoner number 11732-018, is
serving concurrent life sentences for convictions for conspiracy
to possess with intent to distribute crack cocaine and possession
of 50 grams or more of crack cocaine with intent to distribute.
McCoy has appealed the district court’s judgment dismissing his
28 U.S.C. § 2241 petition, arguing that he is entitled to relief
under the “Savings Clause” of 28 U.S.C. § 2255, in light of
Apprendi v. New Jersey, 530 U.S. 466 (2000). This court has
recently held that Apprendi does not apply retroactively to cases
*
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this opinion should not be published and is not precedent except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. 01-41047
-2-
on collateral review and that an Apprendi claim does not satisfy
the test for filing a 28 U.S.C. § 2241 petition under the Savings
Clause. See Wesson v. United States Penitentiary, Beaumont, TX,
305 F.3d 343, 347-48 (5th Cir. 2002).
AFFIRMED.