IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10690 Conference Calendar

DARRYL WARREN,

Petitioner-Appellant,

v.

UNITED STATES OF AMERICA,

Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CV-196 - - - - - - - - - - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Darryl Warren, federal prisoner # 24557-044, appeals the

district court’s dismissal with prejudice of his

petition. Warren’s petition, which asserts claims based on

Apprendi v. New Jersey,

(2000), attacks his

Missouri district court conviction on one count of conspiring to

distribute, and to possess with intent to distribute, cocaine,

marijuana, and heroin.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Warren has failed to address the district court’s

determination that his claims are subject to the rules of

and that Warren has not been granted leave to

file a second or successive

motion. Warren has

also failed to address the district court’s determination that

he does not satisfy the savings clause of

and

thus is not entitled to use

. See Reyes-Requena

v. United States,

(5th Cir. 2001). Warren has

therefore waived argument on these issues. See Yohey v. Collins,

(5th Cir. 1993).

This appeal is without arguable merit and is frivolous. See

Howard v. King,

(5th Cir. 1983). It is

therefore dismissed. 5TH CIR. R. 42.2.

APPEAL DISMISSED.

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