IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41487 Summary Calendar

WILLIAM M. BOYCE,

Petitioner-Appellant,

versus

ERNEST V. CHANDLER, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-630 -------------------- October 22, 2002

Before DAVIS, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:1

William M. Boyce, federal prisoner #03336-088, appeals from

the denial of his

petition. Boyce argues that

was inadequate to test the legality of his

incarceration, allowing him to pursue

relief,

because Apprendi v. New Jersey,

(2000), was decided

after his conviction became final and after he filed his

motion.

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Apprendi does not apply retroactively to cases on collateral

review. Wesson v. U.S. Penitentiary, ___ F.3d ___ (5th Cir.

Sep. 5, 2002),

. Boyce cannot make a showing

sufficient to invoke the “savings clause” of

to

pursue

relief.

AFFIRMED.

2