Summary Calendar KENNETH GLENN ATKINSON v. United States of America

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60238
Summary Calendar
KENNETH GLENN ATKINSON
Petitioner - Appellant
v.
UNITED STATES OF AMERICA
Respondent - Appellee
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:01-CV-48-GR
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October 10, 2002
Before KING, Chief Judge, and WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Kenneth Glenn Atkinson, federal prisoner #10776-042, appeals
the district court’s dismissal with prejudice of his 28 U.S.C.
§ 2241 petition in which he asserted a sentencing error based on
Apprendi v. New Jersey, 530 U.S. 466 (2000). Atkinson has failed
to address the district court’s determination that it lacked
jurisdiction to rule on his petition. Atkinson has therefore

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No. 02-60238
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waived argument on this issue. See Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993).
This appeal is without arguable merit and is frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). It is
therefore DISMISSED. 5TH CIR. R. 42.2.
APPEAL DISMISSED.

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