United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 96-2470 ___________

Leonard A. Tucker, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. United States of America, * * [UNPUBLISHED] Appellee. * ___________

Submitted: March 28, 1997

Filed: April 25, 1997 ___________

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges. ___________

PER CURIAM.

Leonard Tucker pleaded guilty to to using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). He did not appeal, but filed the instant 28 U.S.C. § 2255 motion contending that this conviction is invalid under Bailey v. United States, 116 S. Ct. 501 (1995). The district court1 denied relief, and Tucker appeals.

Assuming this claim is even cognizable under § 2255, it is procedurally defaulted. Tucker cannot show cause or prejudice for this default because, in pleading guilty, he stipulated that he was carrying a concealed firearm on his person while committing a drug

1 The HONORABLE STEPHEN N. LIMBAUGH, United States District Judge for the Eastern District of Missouri. trafficking crime. Accordingly, we affirm. See United States v. Willis, 89 F.3d 1371, 1378-79 (8th Cir.), cert. denied, 117 S. Ct. 273 (1996); United States v. White, 81 F.3d 80, 83 (8th Cir. 1996). Tucker's motion for appointment of counsel is denied.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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