IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60981 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY BUCKHALTER,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:01-CV-258-GR -------------------- October 9, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Anthony Buckhalter, federal prisoner #02649-043, appeals

from the denial of his motion to reconsider his motion to amend or

correct an imposed sentence pursuant to

(c)(2). He

also moves for a certificate of appealability (“COA”) in order to

appeal the denial of his

motion.

Buckhalter’s motion for reconsideration was not timely

filed. See United States v. Brewer,

(5th

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-60981 -2-

Cir. 1995). The district court therefore did not err by denying

his motion for reconsideration. See United States v. Miramontez,

, 58 n.2 (5th Cir. 1993). Accordingly, the district

court’s judgment of denial as to Buckhalter’s motion for

reconsideration is AFFIRMED.

In his request for COA, Buckhalter alleges various

constitutional violations based upon Apprendi v. New Jersey,

(2000). Assuming that Apprendi were retroactively

applicable, Apprendi would not provide Buckhalter any relief

because any error in failing to submit the drug quantity to the

jury was harmless in light of the evidence of drug quantity

produced at trial. See United States v. Peters,

, 313-

14 (5th Cir. 2002). Because he has failed to make a substantial

showing of the denial of a constitutional right, his motion for COA

is DENIED. See

(c)(2).

AFFIRMED; COA DENIED.