IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40314
Conference Calendar
MARCO ANTONIO ZAPATA-RODRIGUEZ,
Petitioner-Appellant,
versus
MICHAEL PURDY,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-01-CV-205
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Marco Antonio Zapata-Rodriguez, who was convicted of several
drug-related charges, appeals the district court’s dismissal of
his 28 U.S.C. § 2241 habeas corpus petition. He argued that his
conviction and sentence were invalid under Apprendi v. New
Jersey, 530 U.S. 466 (2000). Apprendi does not apply
retroactively to cases on collateral review, and an Apprendi
claim does not satisfy the test for filing a 28 U.S.C. § 2241
*
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that this opinion should not be published and is not precedent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. 02-40314
-2-
petition under the savings clause of 28 U.S.C. § 2255. See
Wesson v. U.S. Penitentiary, Beaumont, TX, 305 F.3d 343, 347-48
(5th Cir. 2002). Accordingly, the judgment of the district court
is AFFIRMED.