United States v. Dorsett ( 1996 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Nos. 95-31278 & 96-30333
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee.
versus
DONETTA DORSETT,
Defendant-Appellant.
********
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DORAL HILLS,
Defendant-Appellant.
Appeals from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-203-L
October 9, 1996
Before POLITZ, Chief Judge, DAVIS and DENNIS, Circuit Judges
PER CURIAM:*
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule
Donetta Dorsett and Doral Hills appeal their guilty-plea convictions for
conspiracy to possess with intent to distribute cocaine hydrochloride and for
carrying a firearm in relation to the commission of a drug trafficking crime in
violation of 18 U.S.C. § 924(c)(1) & 21 U.S.C. § 846. A loaded 9mm pistol was
found on the front seat of the vehicle on the driver’s side. Dorsett contends that she
did not have knowledge of the presence of the firearm and, therefore, she cannot
be held criminally liable under § 924(c). Hills contends that the factual basis
supporting his conviction is insufficient because the transaction took place away
from the vehicle and, therefore, it cannot be said that the firearm was carried “in
relation to” a drug transaction. The parties appeal their firearm convictions in light
of the intervening decision in Bailey v. United States, 116 S. Ct. 501 (1995).
We conclude that Bailey does not support appellants’ challenges. Based on
the authorities and analysis by the district court in its scholarly Order and Reasons
signed and entered February 9, 1996, the convictions appealed are AFFIRMED.
47.5.4.
2