UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ELEAZAR SOLIS,

Petitioner - Appellant,

v.

T. C. PETERSON, Warden,

Respondent - Appellee.	No. 02-6225

D.C. No. CIV-02-169-C

(W.D. Oklahoma)

ORDER AND JUDGMENT*

Before EBEL, LUCERO and O'BRIEN, Circuit Judges.

Eleazar Solis, an inmate at the Federal Correction Institute in El Reno, Oklahoma, filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241 in the District Court for the Western District of Oklahoma. Solis wishes to retroactively challenge his sentence in light of the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000).

The district court construed Solis's petition as a § 2255 petition and dismissed it for lack of jurisdiction. Petitions filed under § 2255 must be filed in the district court where the petitioner was sentenced. 28 U.S.C. § 2255. Although Petitioner was sentenced in the Western District of Michigan, this petition was filed in the Western District of Oklahoma. For substantially the same reasons as stated by the district court in its Order of June 6, 2002, dismissing the appeal, we DENY a certificate of appealability and AFFIRM the dismissal.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge