United States of America, Plaintiff-appellee, v. Terry Spears, Defendant-appellant, 141 F.3d 1182 (9th Cir. 1998)

MEMORANDUM^* 

Federal prisoner Terry Spears appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his 1991 guilty plea conviction and sentence for bank robbery and use of a firearm while committing a crime of violence. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see United States v. McMullen, 98 F.3d 1155, 1156-57 (9th Cir. 1996), cert. denied, --- U.S. ----, 117 S. Ct. 2444, 138 L. Ed. 2d 203 (1997), and affirm.

We decline to address Spears' contention that his trial counsel rendered ineffective assistance. The issue was not properly presented to the district court, and none of the exceptions apply here to overcome the general rule that we will not consider an issue raised for the first time on appeal. See United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir. 1992).

To the extent that Spears contends that his firearm conviction pursuant to 18 U.S.C. § 924(c) should be vacated in light of the Supreme Court's holding in United States v. Bailey, 516 U.S. 137, 116 S. Ct. 501, 133 L. Ed. 2d 472 (1995), this contention lacks merit. Bailey does not preclude aider and abettor liability for a principal's use of a firearm in relation to a crime of violence. See United States v. Washington, 106 F.3d 1488, 1490 (9th Cir.), cert. denied, --- U.S. ----, 118 S. Ct. 197, 139 L. Ed. 2d 135 (1997). Moreover, the principal's conduct during the armed bank robberies is sufficient to sustain Spears' section 924(c) conviction. See 18 U.S.C. § 2(a) (1969); Bailey, 116 S. Ct. at 507-08.

AFFIRMED.