UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41117 Summary Calendar

JAMES OTIS DEASON,

Petitioner-Appellant,

versus

E.V. CHANDLER, Warden,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of Texas (1:01-CV-432)

November 4, 2002

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

James Otis Deason, federal prisoner #07429-021, appeals the

dismissal of his

motion. (Deason’s motion for

leave to file a supplemental brief is DENIED.)

Deason contends: the indictment and sentence in his case

violated Apprendi v. New Jersey,

(2000); and the

“savings clause” of

allows him to pursue

relief. Apprendi does not apply retroactively to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. cases on collateral review. Wesson v. U.S. Penitentiary, ___

F.3d ___ (5th Cir. 5 Sept. 2002),

. Deason

cannot invoke the “savings clause” of

to pursue

relief.

AFFIRMED

2