IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60795
Conference Calendar
ANTHONY LEONARD PARKER,
Petitioner-Appellant,
versus
KHURSHID YUSUFF,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:00-CV-305-BrS
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Anthony Leonard Parker, federal prisoner # 09116-017, has
filed a 28 U.S.C. § 2241 petition challenging his 1991 conviction
for conspiring to possess cocaine with intent to distribute. He
asserts that because the indictment did not allege and the jury
was not required to find the drug type or quantity beyond a
reasonable doubt, his conviction and sentence are invalid under
Apprendi v. New Jersey, 530 U.S. 466 (2000). Apprendi does not
*
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that this opinion should not be published and is not precedent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. 01-60795
-2-
apply retroactively to cases on collateral review, and an
Apprendi violation does not establish that a prisoner was
convicted of a nonexistence offense. Wesson v. U.S. Penitentiary
Beaumont, Tex., 305 F.3d 343, 347-48 (5th Cir. 2002); Reyes-
Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).
Parker has not established that he is entitled to present his
claims under 28 U.S.C. § 2241, and the district court’s judgment
is AFFIRMED.