United States Court of Appeals Fifth Circuit F I L E D April 24, 2003 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-40848 Conference Calendar

DARRYL LAMAR REED, Petitioner-Appellant, versus MICHAEL PURDY, Warden, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-01-CV-264 -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Darryl Lamar Reed (“Reed”) appeals the district court’s dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Reed asserts that because the jury was not required to find the drug quantity beyond a reasonable doubt, his conviction and sentence are invalid under Apprendi v. New Jersey, 530 U.S. 466 (2000). Apprendi does not apply retroactively to cases on collateral review, and an Apprendi violation 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40848 -2- establish that a petitioner was convicted of a nonexistent offense. Wesson v. U.S. Penitentiary Beaumont, TX, 305 F.3d 343, 347 (5th Cir. 2002), cert. denied, 123 S. Ct. 1374 (2003).

AFFIRMED.