IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-11142
Conference Calendar
UYI KING OSAYANDE,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CV-1422-P
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Uyi King Osayande, federal prisoner # 26653-077, filed the
instant 28 U.S.C. § 2241 habeas corpus petition, which the
district court dismissed, to challenge his conviction for
conspiracy to possess with intent to distribute heroin and for
possession of heroin with intent to distribute. He argues that
his conviction and sentence are invalid under Apprendi v. New
Jersey, 530 U.S. 466 (2000). Apprendi does not apply
*
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that this opinion should not be published and is not precedent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. 02-11142
-2-
retroactively to cases on collateral review, and an Apprendi
claim does not satisfy the test for filing a 28 U.S.C. § 2241
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.