United States of America, Plaintiff-appellee, v. Arturo Casas-perez, Defendant-appellant, 124 F.3d 213 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 124 F.3d 213 (9th Cir. 1997) Submitted Sept. 8, 1997. **Decided Sept. 15, 1997

Appeal from the United States District Court for the Northern District of California, Nos. CV-02642-HBT and CR-89-01173-HBT; Howard B. Turrentine, Senior District Judge, Presiding.

Before HALL, BRUNETTI, and THOMAS, Circuit Judges.

MEMORANDUM* 

Federal prisoner Arturo Casas-Perez appeals pro se the denial of his second 28 U.S.C. § 2255 motion challenging his jury conviction and 155-month sentence imposed for possession of a controlled substance with intent to distribute and carrying a firearm during a commission of a drug trafficking crime.

Casas-Perez contends that his conviction under 18 U.S.C. § 924(c) (1) for carrying a firearm during the commission of a drug trafficking crime must be vacated under Bailey v. United States, 116 S. Ct. 501. We reject this argument for the reasons set forth by the district court in its order filed on November 26, 1996, denying Casas-Perez's § 2255 motion.

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 *

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

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