which establishes that [he] ... may have been convicted of a nonexistent offense and (ii) that was foreclosed by circuit law at the time when the claim should have been raised in [his] ... trial, appeal, or first § 2255 motion.” Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.2001). Day’s argument that the savings clause applies in light of DePierre v. United States, - U.S. -, 131 S.Ct. 2225, 180 L.Ed.2d 114 (2011), and United States v. O’Brien, — U.S. -, 130 S.Ct. 2169, 176 L.Ed.2d 979 (2010), is raised for the first time on appeal and will not be considered. See Wilson v. Roy, 643 F.3d 433, 435 n. 1 (5th Cir.2011). Even if we considered this argument, neither of these cases decriminalized any of the conduct for which he was convicted. See DePierre, 131 S.Ct. at 2237 (<HOLDING>); O’Brien, 130 S.Ct. at 2180 (holding that
holding that the term cocaine base in 21 usc  841b1 refers to cocaine in its chemically basic form which includes but is not limited to crack cocaine holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack holding that the evidence was sufficient to support a conviction under  856 where premises contained two white envelopes containing thirtytwo packs of crack cocaine equipment required for the manufacture and packaging of crack cocaine fortyone white envelopes containing particles of crack cocaine and crack cocaine stored in a laundry bag in the bathroom holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute