IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60024
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TOMMY C. MARSH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:96-CV-33 W
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May 27, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Tommy C. Marsh, federal prisoner #03426-043, appeals from
the district court’s denial of his 28 U.S.C. § 2255 motion. He
argues that the district court erred by denying his claim that
his conviction for using and carrying a firearm in relation to a
drug trafficking crime, 18 U.S.C. § 924(c), should be reversed in
light of the Supreme Court’s decision in Bailey v. United States,
516 U.S. 137 (1995). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
*
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that this opinion should not be published and is not precedent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. 97-60024
-2-
by the district court. See United States v. Marsh, No. 4:96-CV-
33 W (S.D. Miss. Dec. 31, 1996). Marsh’s contention that he
received ineffective assistance of trial counsel, raised for the
first time on appeal, does not rise to the level of plain error.
See Douglass v. United Services Auto. Ass’n, 79 F.3d 1415, 1429
(5th Cir. 1996)(en banc). The judgment of the district court is
AFFIRMED. Marsh’s motion to enlarge the record on appeal is
DENIED.
JUDGMENT AFFIRMED; MOTION DENIED.