UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6219

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAYMIONE DESOUZA, a/k/a Fata, a/k/a Demione DeSouza,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CR-93-53-H, CA-96-162-4-H)

Submitted: May 19, 1998 Decided: October 22, 1998

Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Daymione DeSouza, Appellant Pro Se. Bruce Charles Johnson, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Daymione DeSouza appeals the district court’s order denying

relief on his motion filed under

(West 1994 &

Supp. 1998). DeSouza challenges the validity of his conviction,

entered pursuant to his guilty plea, of using and carrying a

firearm in relation to a drug trafficking crime in violation of

, 924(c) (1994). DeSouza contends that in light of the

Supreme Court’s decision in Bailey v. United States,

(1995), interpreting the meaning of “use” under § 924(c), the

requisite factual basis for his plea was lacking and his plea was

involuntary.

We reject DeSouza’s contention that the record demonstrates

that he did not “use” or “carry” a firearm within the meaning of

§ 924(c)(1) as that statute was interpreted by Bailey. DeSouza is

liable for the acts of his co-conspirators which constitute use or

carry under § 924(c). See United States v. Wilson,

(4th Cir. 1998); United States v. Phan,

, 152

n.2 (4th Cir. 1997), cert. denied, ___ U.S. ___,

(U.S. Feb. 23, 1998) (No. 97-863). Accordingly, we deny DeSouza’s

motion for a certificate of appealability and dismiss the appeal.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED

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