United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 25, 2003
Charles R. Fulbruge III
Clerk
No. 02-10329
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMIE PERKINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-2042-M
USDC No. 3:97-CR-55-21-T
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Jamie Perkins, a federal prisoner, appeals the denial of his
28 U.S.C. § 2255 motion, in which he challenged his drug and
firearms convictions. He asserts that the rule set forth in
Castillo v. United States, 530 U.S. 120 (2000), renders his
conviction for using and carrying a “short-barreled shotgun”
invalid and requires resentencing on his other conviction for
using and carrying a firearm during a drug offense, as he would
*
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that this opinion should not be published and is not precedent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. 02-10329
-2-
no longer have two firearm convictions. Castillo is not
retroactively applicable to cases on collateral review. See
United States v. Gonzales, 327 F.3d 416, 418-22 (5th Cir. 2003).
Consequently, the judgment of the district court denying relief
on Perkins’s 28 U.S.C. § 2255 motion is AFFIRMED.