IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Nos. 97-30139 & 97-30961
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY OCHSNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC Nos. 95-CV-3978-N & 89-CR-220-N
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March 10, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Larry Ochsner, federal prisoner # 19267-077, appeals from
the district court’s denials of his motions to vacate, set aside,
or correct his sentence pursuant to 28 U.S.C. § 2255 and for
reduction of his sentence pursuant to 18 U.S.C. § 3582. Ochsner
argues that the evidence was insufficient to support his
conviction for using and carrying a firearm in relation to a
drug-trafficking offense in light of the Supreme Court’s decision
in Bailey v. United States, 116 S. Ct. 501 (1995); that 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that this opinion should not be published and is not precedent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. 97-30139
No. 97-30961
-2-
firearms conviction violated principles of double jeopardy
because it was based upon a 21 U.S.C. § 846 conspiracy
conviction; and that the district court abused its discretion by
denying his motion for reduction of sentence because U.S.S.G.
§ 2D1.1 did not apply to his case. We have reviewed the record
and find no reversible error. Accordingly, the judgments are
AFFIRMED for essentially the reasons stated by the district
court. See United States of America v. Ochsner, No. 89-220 (E.D.
La. Jan. 8, 1997); United States of America v. Ochsner, No. 89-
220 (E.D. La. Aug. 28, 1997).