McDonald v. Haro

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 25, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30163
Conference Calendar
WILLIE GEORGE MCDONALD,
Petitioner-Appellant,
versus
JOSEPH M. HARO,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1785
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Willie George McDonald, federal prisoner # 19369-077, has
filed a 28 U.S.C. § 2241 petition challenging his guilty-plea
conviction for distribution of heroin. He asserts that 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
satisfy the test for filing a 28 U.S.C. § 2241 petition under the
“savings clause” of 28 U.S.C. § 2255. Wesson v. U.S.

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No. 03-30163
-2-
Penitentiary Beaumont, Tex., 305 F.3d 343, 347-48 (5th Cir.
2002), cert. denied, 123 S. Ct. 1374 (2003). The judgment of the
district court is AFFIRMED.

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