IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40153 Conference Calendar

KELVIN K. SAMUELS,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-885 -------------------- December 11, 2002

Before JOLLY, DAVIS, and JONES, Circuit Judges.

PER CURIAM:*

Kelvin K. Samuels, a federal prisoner (# 23418-077), appeals

the district court’s dismissal of his

habeas

corpus petition. Samuels has argued that he was convicted of two

nonexistent offenses, because such offenses cannot be criminally

prosecuted by the federal Government under the Commerce Clause.

The district court concluded that because Samuels’ petition

challenged the legality of his convictions, it was in the nature

of a

motion to vacate, but that Samuels had 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40153 -2-

satisfied the “savings clause” of that statute. See Pack

v. Yusuff,

(5th Cir. 2000).

Although Samuels could proceed under

if he

demonstrated that

relief was “inadequate or

ineffective” under the latter statute’s “savings clause,” Samuels

has not even attempted to make such a showing. His reliance on

United States v. Lopez,

(1995), does not suggest

claims that could not have been raised at the time he filed his

first

motion in 1997. See Reyes-Requena

v. United States,

(5th Cir. 2001). The

judgment of the district court is AFFIRMED.