IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41047 Conference Calendar

REGINALD L. MCCOY,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA; JOHN ASHCROFT, U.S. Attorney General, ERNEST V. CHANDLER, Warden,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-10 -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Reginald L. McCoy, federal prisoner number 11732-018, is

serving concurrent life sentences for convictions for conspiracy

to possess with intent to distribute crack cocaine and possession

of 50 grams or more of crack cocaine with intent to distribute.

McCoy has appealed the district court’s judgment dismissing his

petition, arguing that he is entitled to relief

under the “Savings Clause” of

, in light of

Apprendi v. New Jersey,

(2000). This court has

recently held that Apprendi does not apply retroactively to cases

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41047 -2-

on collateral review and that an Apprendi claim does not satisfy

the test for filing a

petition under the Savings

Clause. See Wesson v. United States Penitentiary, Beaumont, TX,

(5th Cir. 2002).

AFFIRMED.