United States v. Dominic Blackshiers

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 97-2641 ___________

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 Dominic Blackshiers, * * [UNPUBLISHED] Appellant.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

Submitted: August 20, 1997 Filed: August 26, 1997 ___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

In this 28 U.S.C. § 2255 proceeding, Dominic Blackshiers appeals the district court&s1 application of a firearm enhancement to his drug sentence, see U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1995), after it vacated Blackshiers&s 18 U.S.C. § 924(c)(1) conviction under Bailey v. United States, 116 S. Ct. 501 (1995).

1 The Honorable Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri. After a careful review of the record and the parties& submissions, we reject Blackshiers&s arguments. See Gardiner v. United States, 114 F.3d 734, 735-37 (8th Cir. 1997);

-2- United States v. Harrison, 113 F.3d 135, 137-38 (8th Cir. 1997).

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

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

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