United States v. Elder

* 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that this opinion should not be published and is not precedent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. 00-11214
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BARON ELDER,
also known as Beno,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC Nos. 4:98-CV-1085-Y
4:96-CR-25-28-Y
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Baron Elder appeals the district court’s denial of his
28 U.S.C. § 2255 motion, which challenged his conviction for
conspiring to possess cocaine base with intent to distribute. He
argues that his sentence is illegal under Apprendi v. New Jersey,
530 U.S. 466 (2000), and that the district court erred in denying
him leave to amend his 28 U.S.C. § 2255 motion to add a claim

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No. 00-11214
-2-
pursuant to Apprendi. Elder’s argument is unavailing. Apprendi
does not apply retroactively to cases on collateral review. See
United States v. Brown, 305 F.3d 304, 310 (5th Cir. 2002). The
judgment of the district court is AFFIRMED.

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