United States v. Roach

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________

No. 95-40287 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEVIN ROACH,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CR-95-1 - - - - - - - - - - June 27, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant Kevin Roach contends that he is entitled to

reversal of his conviction of using or carrying a firearm in

relation to a drug trafficking offense, 18 U.S.C. § 924(c)(1), on

grounds that the Government failed to establish a factual basis

for his guilty plea. This lacks merit because the district

court's finding of a factual basis relative to his carrying the

firearm is not erroneous. See United States v. Fike, ___ F.3d

___ (5th Cir. May 7, 1996, No. 93-1797), slip op. 3527.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. -2-

JUDGMENT AFFIRMED.