IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20522 Conference Calendar

JUAN ANGEL LOPEZ,

Petitioner-Appellant,

versus

R. D. MILES, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CV-2997 -------------------- October 29, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Juan Angel Lopez, federal prisoner no. 60285-079, appeals

from the denial of his petition seeking federal habeas relief

under

. A jury convicted Lopez of drug-

trafficking and firearms offenses, and this court affirmed his

conviction and sentence in 1995. Lopez filed an unsuccessful

motion to vacate his sentence under

in 1998.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-20522 -2-

Because Lopez’s present motion challenged the legality of

his conviction, the district court correctly construed it as a

second or successive motion under

. See Tolliver

v. Dobre,

(5th Cir. 2000). The district

court dismissed the successive motion because Lopez had failed to

obtain this court’s permission to file it as required by

. See

.

Lopez does not ask this court for leave to file a second or

successive motion under

. Neither does Lopez

show that he may bring his claim under

on

grounds that the remedy of

is inadequate or

ineffective. See Tolliver,

.

The district court’s judgment is AFFIRMED.