United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-3265 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri.

Roy C. Bowens, * [UNPUBLISHED] * Appellant. * ___________ Submitted: February 5, 1998 Filed: February 10, 1998 ___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

In 1994 Roy C. Bowens pleaded guilty to possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and to using and carrying a firearm during a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). After Bowens moved under 28 U.S.C. § 2255 to set aside his firearm conviction in light of Bailey v. United States, 516 U.S. 137, 143-44 (1995) (defining “use” prong of § 924(c)(1)), the district court1 granted the motion, imposed a two-level enhancement under U.S.

The Honorable George F. Gunn, Jr., United States District Judge for the Eastern District of Missouri.

Sentencing Guidelines Manual § 2D1.1(b)(1) (1997) (add 2 levels if dangerous weapon, including firearm, was possessed), and resentenced Bowens to 82 months imprisonment and five years supervised release. Bowens appeals, arguing the court lacked jurisdiction to resentence him on the unchallenged drug conviction. Because Bowens&s argument is foreclosed by United States v. Harrison, 113 F.3d 135, 137-38 (8th Cir. 1997), we affirm the judgment of the district court.

A true copy.

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

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