IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40911 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ROLANDO MOLINA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-94-CR-199-4 - - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:* Rolando Molina appeals his 235-month sentence resulting from his conviction for conspiracy to possess with intent to distribute in excess of one kilogram of heroin, conspiracy to possess with intent to distribute in excess of 500 grams of cocaine, and use of a communication facility in the commission of a controlled-substance offense. Relying on Bailey v. United

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-40911 - 2 - States, 116 S. Ct. 501 (1995), he argues that the district court erred in enhancing his offense level under U.S.S.G.

§ 2D1.1(b)(1). Molina's reliance on Bailey is misplaced; Bailey does not apply to § 2D1.1(b)(1). See United States v. Castillo, 77 F.3d 1480, 1499 n.34 (5th Cir.), petition for cert. filed, 65 U.S.L.W. 3086 (U.S. July 26, 1996) (No. 96-5357). The connection between the weapon and the cocaine was not clearly improbable; therefore, the findings of the district court were not clearly erroneous. See United States v. Mitchell, 31 F.3d 271, 277 (5th Cir.), cert. denied, 115 S. Ct. 455 (1994).

AFFIRMED.