Dancer v. Chandler

* 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that this opinion should not be published and is not precedent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. 02-40287
Conference Calendar
KEITH ADELL DANCER,
Petitioner-Appellant,
versus
ERNEST CHANDLER, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-433
--------------------
December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Keith Adell Dancer, federal prisoner # 60830-080, appeals
the denial of his 28 U.S.C. § 2241 petition, in which he
challenged his conviction for conspiracy to possess with the
intent to distribute cocaine. He argues that he was sentenced in
violation of Apprendi v. New Jersey, 530 U.S. 466 (2000), and
that the district court erred in determining that this claim did
not meet the savings clause requirements.

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No. 02-40287
-2-
This court has recently held that Apprendi does not apply
retroactively to cases on collateral review and that an Apprendi
claim does not satisfy the requirements for filing a 28 U.S.C.
§ 2241 petition under the savings clause. See Wesson v. U.S.
Penitentiary Beaumont, TX, 305 F.3d 343, 347-48 (5th Cir. 2002).
Accordingly, Dancer cannot make a sufficient showing to invoke
the savings clause on his Apprendi claim.
AFFIRMED.

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