United States of America, Plaintiff-appellee, v. Gamaliel Carmen-perez, Defendant-appellant, 108 F.3d 339 (9th Cir. 1997)
Annotate this CaseBefore: ALARCN, CANBY and TASHIMA, Circuit Judges.
MEMORANDUM**
Gamaliel Carmen-Perez appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his conviction for using and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (1). We affirm.
Carmen-Perez contends that his conviction should be vacated because he did not "use" a firearm as defined in Bailey v. United States, 116 S. Ct. 501 (1996). We reject this contention for the reasons stated in magistrate judge's report and recommendation filed May 24, 1996, which the district court adopted. See Bailey, 116 S. Ct. at 509; United States v. Hernandez, 80 F.3d 1253, 1256-57 (9th Cir. 1996).
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, Carmen-Perez's request for oral argument is denied
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
