No. 96-1395

United States of America, Appellee, v. Pamela Jane Dodson Bright, Appellant.

Submitted: February 3, 1997 Filed: February 6, 1997

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

PER CURIAM.

Pamela Jane Dodson Bright pleaded guilty to conspiring to distribute and possess with intent to distribute cocaine and methamphetamine, in violation of 21 U.S.C. §§ 841(a) and 846, and using and carrying firearms during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1). She subsequently moved to withdraw her guilty plea as to the firearm count, arguing that, in light of Bailey v. United States, 116 S. Ct. 501, 506 (1995) (defining "use" prong of § 924(c)(1)), she could not be held responsible under a coconspirator theory of liability. The 1district court denied her motion and sentenced her to 135 months imprisonment on the drug count, a consecutive 60-month term on the firearm count, five years supervised release, and a $2,000 fine.

On appeal, Bright§ 924(c)(1) offenses). Furthermore, we conclude there was a sufficient factual basis for a section 924(c)(1) "carry" violation under a coconspirator theory of liability, as Bright admitted it was reasonably foreseeable to her that a coconspirator would carry a firearm. See United States v. Martinez, 958 F.2d 217, 219 (8th Cir. 1992) (affirming § 924(c)(1) conviction where it was reasonably foreseeable that coconspirator might carry firearm in furtherance of conspiracy to sell cocaine).

We have reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), and find no nonfrivolous issues for appeal.

Accordingly, the judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States District Court for the Northern District of Iowa.

[UNPUBLISHED]

[1] The Honorable Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa.