United States of America, Plaintiff-appellee, v. Jose De Jesus Martinez-cano, Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)

MEMORANDUM^** 

Jose de Jesus Martinez-Cano appeals the district court's denial of his 28 U.S.C. § 2255 motion. We affirm.

Martinez-Cano contends that the district court erred in enhancing his sentence for possession of a firearm under U.S.S.G. § 2D1.1(b) (1) in light of the Supreme Court's decision in Bailey v. United States, 116 S. Ct. 501 (1995). Martinez-Cano's reliance on Bailey is misplaced. Bailey addresses the meaning of the term "use" under 18 U.S.C. § 924(c) (1). It does not limit the applicability of U.S.S.G. § 2D1.1(b) (1) for possession of a firearm. See id. at 509; United States v. Lopez, Nos. 92-50137 and 92-50145, slip op. 15337, 15346 (9th Cir. Dec. 10, 1996). Accordingly, we affirm the district court's denial of Martinez-Cano's motion.

AFFIRMED.