IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-20660
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN ANTONIO ANDRADE,
Defendant-Appellant.
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Appeal from the United States District Court for
the Southern District of Texas
(CA-H-94-227-1)
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March 20, 1997
Before REAVLEY, BARKSDALE and DENNIS, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed. The only
issue before the district court at this time was the effect of
Bailey v. United States, 116 S.Ct. 501 (1995) upon the conviction
for violation of 18 U.S.C. § 924(c)(1). The present appeal goes
beyond that issue and the prior mandate of this court. Because
it was outside that scope, the present argument has been waived.
*
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that this opinion should not be published and is not precedent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.
If we were to consider the argument of the
unconstitutionality of § 922(g)(5), we would reject it.
Appellant may agree with the dissent of Judge DeMoss in United
States v. Kuban, 94 F.3d 971 (5th Cir. 1996) but that is not the
law of the circuit as explained by the majority opinion.
AFFIRMED.
2