No. 89-2492. Summary Calendar.

896 F.2d 908 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Gerardo MUNOZ-FABELA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

Nancy M. Simonson, J.A. Canales, Canales & Simonson, Corpus Christi, Tex., for defendant-appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

A criminal defendant appeals, for the second time, his conviction pursuant to a statute that proscribes possession of a firearm during the commission of a drug-trafficking offense. Having already failed to establish that a separate prosecution for possession of the firearm constitutes double jeopardy, he now advocates that the statute is an "enhanced penalty provision" that, in the absence of an underlying drug-trafficking conviction...

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