United States v. Garcia

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-31310 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BERNARDO GARCIA, also known as John Doe, also known as Rafael Nina Encarnacisa,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana (94-CR-46-T-3)

Consolidated with

No. 95-31324 Summary Calendar

BERNARDO GARCIA, a/k/a Beto,

Appeal from the United States District Court for the Eastern District of Louisiana (94-CR-250-T)

May 16, 1997

Before JOHNSON, EMILIO M. GARZA, and PARKER, Circuit Judges.

PER CURIAM:*

Bernardo Garcia appeals his guilty-plea conviction for using

and carrying a firearm in violation of 18 U.S.C. § 924(c)(1). The

record does not establish a factual basis for Garcia’s plea to

either the use or carrying of a firearm within the meaning of the

statute. See United States v. Hall, __ F.3d __ (5th Cir. Apr. 14,

1997) (No. 95-60551), 1997 WL 180388. Accordingly, we VACATE the

conviction and REMAND the case for further proceedings.

VACATED AND REMANDED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.