U.S. v. ULLOA

No. 95-50302.

94 F.3d 949 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Mario ULLOA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 1996.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Office of the United States Attorney, San Antonio, TX, James H. DeAtley, Austin, TX, Margaret Feuille Leachman, U.S. Attorney's Office, El Paso, TX, for U.S.

Robert J. Perez, El Paso, TX, for Mario Ulloa, defendant-appellant.

Before POLITZ, Chief Judge, and JOLLY and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue in this challenge to a guilty plea under the "use" prong of 18 U.S.C. § 924(c)(1) (additional imprisonment for using or carrying a firearm "in relation to any crime of violence or drug trafficking crime") is our standard of review in light of Ulloa's claim, inter alia, that the post-plea decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), changes our...

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