IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41492 Summary Calendar

JEFFERY SAUNDERS,

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-664 -------------------- October 9, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Jeffery Saunders, federal prisoner # 36208-004, appeals the

dismissal of his

petition. Saunders argues, as

he did in the district court, that his sentence under

(e) was a violation of 1) the Ex Post Facto Clause because

he committed his felon-in-possession-of-a-firearm before the

enactment of that provision and 2) Apprendi v. New Jersey,

(2000), because the indictment did not allege his prior

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41492 -2-

convictions. Saunders contends that he has met the requirements

of 28 U.S.C. § 2255’s savings clause such that he may bring his

claims in a

proceeding.

Saunders could have raised his ex post facto claim at

sentencing, on appeal, or in his prior

motion,

and he has not met the requirements of the savings clause to

raise the claim in a

petition. See Reyes-

Requena v. United States,

(5th Cir. 2001). Nor

has he met the requirements of the savings clause to raise his

Apprendi claim in a

petition. See Wesson v.

U.S. Penitentiary, Beaumont, TX., __ F.3d __,

(5th Cir. Sep. 5, 2002). Further, his Apprendi claim is without

merit. See United States v. Stone, __ F.3d __,

(5th Cir. Sep. 12, 2002); Apprendi,

.

AFFIRMED.