IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60795 Conference Calendar

ANTHONY LEONARD PARKER,

Petitioner-Appellant,

versus

KHURSHID YUSUFF,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:00-CV-305-BrS -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Anthony Leonard Parker, federal prisoner # 09116-017, has

filed a

petition challenging his 1991 conviction

for conspiring to possess cocaine with intent to distribute. He

asserts that because the indictment did not allege and the jury

was not required to find the drug type or quantity beyond a

reasonable doubt, his conviction and sentence are invalid under

Apprendi v. New Jersey,

(2000). Apprendi does not

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-60795 -2-

apply retroactively to cases on collateral review, and an

Apprendi violation does not establish that a prisoner was

convicted of a nonexistence offense. Wesson v. U.S. Penitentiary

Beaumont, Tex.,

(5th Cir. 2002); Reyes-

Requena v. United States,

(5th Cir. 2001).

Parker has not established that he is entitled to present his

claims under

, and the district court’s judgment

is AFFIRMED.