IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11075
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUGUSTIN DURAN PEREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:93-CR-021-1-E
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August 20, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Augustin Duran Perez appeals his sentence in a guilty-plea
conviction for possession of cocaine with intent to distribute.
Relying on Bailey v. United States, 116 S. Ct. 501 (1995), he
argues that the district court erred in enhancing his offense
level under U.S.S.G. § 2D1.1(b)(1). Perez’s reliance on Bailey
is misplaced; Bailey does not apply to § 2D1.1(b)(1). See United
States v. Castillo, 77 F.3d 1480, 1499 n.34 (5th Cir.), petition
*
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that this opinion should not be published and is not precedent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. 95-11075
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for cert. filed, (U.S. July 26, 1996) (No. 96-5357). The
connection between the weapon and the cocaine was not clearly
improbable; therefore, the findings of the district court were
not clearly erroneous. See United States v. Mitchell, 31 F.3d
271, 277 (5th Cir.), cert. denied, 115 S. Ct. 455 (1994).
AFFIRMED.