United States v. Robertson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-20659 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DUNDRE ROBERSON,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. 95-CR-41-2 - - - - - - - - - - May 20, 1996

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Dundre Roberson appeals his conviction and sentence for

using or carrying a firearm during and in relation to a drug-

trafficking crime in violation of 18 U.S.C. § 924(c). He argues

that the evidence is insufficient to support his conviction in

light of the recent Supreme Court decision, Bailey v. United

States, 116 S. Ct. 501 (1995). Because the evidence was more

than sufficient to show that Roberson actively employed a pistol

in relation to the drug-trafficking offenses of which he was also

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-20659 -2-

convicted, his argument is meritless. See Bailey, 116 S. Ct. at

508-09.

AFFIRMED.