United States v. Cortez Harris ( 1997 )


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  •                           United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    _____________
    No. 96-4269EM
    _____________
    United States of America,                 *
    *
    Appellee,             * Appeal from the United States
    * District Court for the Eastern
    v.                                  * District of Missouri.
    *
    Cortez Harris,                            *      [UNPUBLISHED]
    *
    Appellant.            *
    _____________
    Submitted: May 29, 1997
    Filed: June 6, 1997
    _____________
    Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
    _____________
    PER CURIAM.
    After Cortez Harris was sentenced on related weapons and drug convictions,
    Harris challenged his 18 U.S.C. § 924(c)(1) gun conviction in light of the Supreme
    Court's decision in Bailey v. United States, 
    116 S. Ct. 501
    (1995), and the district court
    vacated the erroneous conviction. The district court resentenced Harris on the
    unchallenged drug convictions and used the firearm possession enhancement. See U.S.
    Sentencing Guidelines Manual § 2D1.1(b)(1) (1996). On appeal, Harris contends the
    district court lacked authority to resentence him on the drug convictions. Harris's
    contention is foreclosed by our recent decision in United States v. Harrison, No. 96-
    2544, 
    1997 WL 232266
    , at *2 (8th Cir. May 9, 1997). We also reject Harris's
    contention that the district court improperly applied the § 2D1.1(b)(1) enhancement.
    Contrary to Harris's view, there is abundant evidence that Harris possessed loaded and
    readily accessible firearms to protect the drug trafficking in cocaine and cocaine base
    found at his residence. See United States v. Williams, 
    10 F.3d 590
    , 595-96 (8th Cir.
    1993). We thus affirm Harris's revised sentence.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 96-4269

Filed Date: 6/6/1997

Precedential Status: Non-Precedential

Modified Date: 4/18/2021