United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 96-2470
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Leonard A. Tucker, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
United States of America, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 28, 1997
Filed: April 25, 1997
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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
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PER CURIAM.
Leonard Tucker pleaded guilty to to using or carrying a firearm
during and in relation to a drug trafficking crime, in violation of 18
U.S.C. § 924(c)(1). He did not appeal, but filed the instant 28 U.S.C.
§ 2255 motion contending that this conviction is invalid under Bailey v.
United States, 116 S. Ct. 501 (1995). The district court1 denied relief,
and Tucker appeals.
Assuming this claim is even cognizable under § 2255, it is
procedurally defaulted. Tucker cannot show cause or prejudice for this
default because, in pleading guilty, he stipulated that he was carrying
a concealed firearm on his person while committing a drug
1
The HONORABLE STEPHEN N. LIMBAUGH, United States District
Judge for the Eastern District of Missouri.
trafficking crime. Accordingly, we affirm. See United States v. Willis,
89 F.3d 1371, 1378-79 (8th Cir.), cert. denied, 117 S. Ct. 273 (1996);
United States v. White, 81 F.3d 80, 83 (8th Cir. 1996). Tucker's motion
for appointment of counsel is denied.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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