IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-30884 Conference Calendar

JOE ANGELO SOTELO, JR.,

Petitioner-Appellant,

versus

CARL CASTERLINE,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CV-983 -------------------- December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Joe Angelo Sotelo, Jr., federal prisoner # 27290-077, was

convicted by a jury of conspiracy to possess with the intent to

distribute cocaine and was sentenced to life imprisonment. He

appeals the district court’s denial of his

petition, arguing pursuant to Apprendi v. New Jersey,

(2000), and the savings clause that he is entitled to habeas

relief because he is “actually innocent” of the drug offense.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-30884 -2-

This court has recently held that Apprendi does not apply

retroactively to cases on collateral review and that an Apprendi

claim does not satisfy the requirements for filing a

petition under the savings clause. See Wesson v. U.S.

Penitentiary Beaumont, TX,

(5th Cir. 2002).

Accordingly, the district court’s denial of Sotelo’s

petition is AFFIRMED.