IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41508 Conference Calendar

GERALD TIMOTHY McNEIL-BEY,

Petitioner-Appellant,

versus

ERNEST CHANDLER, Warden, United States Penitentiary Beaumont,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-215 -------------------- February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Gerald Timothy McNeil-Bey, federal prisoner #70984-079,

appeals from the dismissal of his

habeas corpus

petition. McNeil-Bey contends that the time-bar provision of

is unfair and effectively bars prisoners from

seeking

relief. McNeil-Bey suggests that the

time-bar provision renders

inadequate, allowing

him to seek relief under

. McNeil-Bey argues

that he could not be convicted of conspiracy because his alleged

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41508 -2-

coconspirator was acquitted; that he received ineffective

assistance of counsel because the elements of his offenses were

not explained to him; that there was no factual basis for his

guilty plea because he denied that there was any conspiracy and

denied knowledge about the firearm involved in the offense; and

that he could not be convicted of conspiracy merely because he

was present at the scene of a crime.

McNeil-Bey does not rely on any retroactively applicable

Supreme Court decisions indicating that he may have been

convicted of a nonexistent offense, as is required to proceed

under

by Reyes-Requena v. United States,

(5th Cir. 2001). He has not shown that the

district court erred by dismissing his habeas corpus petition.

AFFIRMED.