United States v. Glover

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-31275 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TERRANCE A. GLOVER, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CV-1159-I - - - - - - - - - - December 9, 1997 Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Terrance A. Glover, federal prisoner # 23062-034, appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Glover argues that his guilty plea to using and carrying a firearm in violation of 28 U.S.C. § 924(c)(1) was involuntary because it was made without the benefit of the Supreme Court’s subsequent decision in Bailey v. United States, 116. S. Ct. 501 (1995). The facts to which Glover stipulated in connection with his * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 96-31275 -2- guilty plea are sufficient to support his conviction. United States v. Thompson, 122 F.3d 304, 306-06 (5th Cir. 1997); United States v. Rivas, 85 F.3d 193, 195 (5th Cir.), cert. denied, 117 S. Ct. 593 (1996). Because Bailey had no affect on the validity of Glover’s conviction, Glover’s lack of foreknowledge of the Supreme Court’s holding in Bailey does not render his guilty plea involuntary. AFFIRMED.