IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50558
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FIDEL SILVA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CA-26
- - - - - - - - - -
January 6, 1997
Before REAVLEY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Fidel Silva, federal prisoner #56273-080, appeals from the
district court’s denial of his motion to vacate, set aside, or
correct his sentence pursuant to 28 U.S.C. § 2255. He argues
that the evidence is insufficient to support his conviction for
using or carrying a firearm in relation to a drug-trafficking
crime based upon the Supreme Court’s decision in Bailey v. United
States, 116 S. Ct. 501 (1995). We have reviewed the record and
*
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that this opinion should not be published and is not precedent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. 96-50558
- 2 -
find no reversible error. Accordingly, the judgment is AFFIRMED
for essentially the reasons stated by the district court. See
Silva v. United States, No. A-96-CA-026 (W.D. Tex. July 8, 1996).
This court has not yet determined whether a certificate of
appealability (“COA”) is required under the circumstances of this
appeal. See 28 U.S.C. § 2253. If a COA were required, it would
be DENIED.