IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-31310
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDO GARCIA, also known as John Doe, also known as Rafael
Nina Encarnacisa,
Defendant-Appellant.
Appeal from the United States District Court
for the
Eastern District of Louisiana
(94-CR-46-T-3)
Consolidated with
No. 95-31324
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BERNARDO GARCIA, a/k/a Beto,
Defendant-Appellant.
Appeal from the United States District Court
for the
Eastern District of Louisiana
(94-CR-250-T)
May 16, 1997
Before JOHNSON, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Bernardo Garcia appeals his guilty-plea conviction for using
and carrying a firearm in violation of 18 U.S.C. § 924(c)(1). The
record does not establish a factual basis for Garcia’s plea to
either the use or carrying of a firearm within the meaning of the
statute. See United States v. Hall, __ F.3d __ (5th Cir. Apr. 14,
1997) (No. 95-60551), 1997 WL 180388. Accordingly, we VACATE the
conviction and REMAND the case for further proceedings.
VACATED AND REMANDED.
*
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this opinion should not be published and is not precedent except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.
2