United States v. Williams
United States v. Williams
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 96-40441 Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK MARKEIST WILLIAMS,
Defendant-Appellant.
- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CR-36-41 - - - - - - - - - - February 14, 1997
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Derrick Markeist Williams appeals his guilty-plea conviction
for using or carrying a firearm in relation to a drug trafficking
crime in violation of
18 U.S.C. § 924(c)(1). Williams argues
that there is no factual basis for the plea in light of the
Supreme Court’s decision in Bailey v. United States,
116 S. Ct. 501(1995).
Assuming that the Bailey decision renders the facts adduced
at the plea hearing insufficient to support Williams’s “use” of
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40441 - 2 -
the firearm, we conclude that sufficient facts were adduced to
support Williams’s “carrying” of the firearm in violation of the
statute. See United States v. Rivas,
85 F.3d 193, 195(5th
Cir.), cert. denied,
117 S. Ct. 593(1996). The judgment of the
district court is AFFIRMED.
Reference
- Status
- Unpublished