IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41006 Conference Calendar

BURVON KING,

Petitioner-Appellant,

versus

ERNEST CHANDLER, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-379 -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Burvon King, federal prisoner # 21029-077, appeals from the

dismissal of his

petition. King argues that the

indictment and sentence in his case violated Apprendi v. New

Jersey,

(2000), and that the “savings clause” of

applies to allow him to pursue

relief. Apprendi does not apply retroactively to cases on

collateral review and does not establish that King was convicted

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41006 -2-

of a nonexistent offense. Wesson v. U.S. Penitentiary,

(5th Cir. 2002). King cannot make a showing sufficient

to invoke the “savings clause” of

to pursue

relief.

AFFIRMED.