IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60422
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CASEY GERARD HOWARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:96-CV-279-BN
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December 26, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Casey Howard, federal prisoner #02968-043, appeals from the
district court’s denial of his motion to set aside his sentence
pursuant to 28 U.S.C. § 2255. Howard contends that, after the
Supreme Court’s recent definition of the “use” prong of 18 U.S.C.
§ 924(c) in United States v. Bailey, 116 S. Ct. 501 (1995), the
evidence is not sufficient to support his conviction for using or
*
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that this opinion should not be published and is not precedent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. 96-60422
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carrying a firearm in connection with a drug-trafficking crime.
Because the evidence in the presentence investigation report and
the evidence presented at the guilty-plea hearing support a
determination that Howard carried the firearm during and in
relation to the drug-trafficking offense even though he was the
passenger rather than the operator of the vehicle, the evidence
was sufficient to support his conviction under § 924(c). See
United States v. Rivas, 85 F.3d 193, 195-96 (5th Cir. 1996). The
district court did not err by denying Howard’s § 2255 motion.
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.
AFFIRMED.