Court of Appeals for the Eighth Circuit January 25, 2000, 99-2673SI (United States v. Jimmy Foley)

PER CURIAM.

Jimmy Foley appeals the District Court’s

1

order denying his 28 U.S.C. § 2255 motion. The District Court granted Foley a certificate of appealability as to whether he was denied effective assistance of counsel and whether the evidence was sufficient to convict him under 18 U.S.C. § 924(c) of using and carrying a firearm, in light of

Bailey v. United States,

516 U.S. 137, 116 S.Ct.