United States v. Sanchez-Vetancur ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 01-40884
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE SANCHEZ-VETANCUR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-214-ALL
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Jose Sanchez-Vetancur ("Sanchez") appeals the 71-month
sentence imposed following his guilty plea to a charge of being
found in the United States after deportation, a violation of 8
U.S.C. § 1326. He contends that his felony conviction for
burglary of a vehicle that resulted in his increased sentence was
not an aggravated felony under 8 U.S.C. § 1326(b)(2) and U.S.S.G.
§ 2L1.2(b)(1)(A).
Sanchez acknowledges that his argument is foreclosed by our
decision in United States v. Rodriguez-Guzman, 56 F.3d 18, 20-21
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 01-40884
-2-
(5th Cir. 1995), but he seeks to preserve the issue for Supreme
Court review. We are bound by our own precedent absent an
intervening Supreme Court decision or a subsequent en banc
decision. See United States v. Garcia Abrego, 141 F.3d 142, 151
n.1 (5th Cir. 1998). Sanchez's argument is foreclosed by
Rodriguez-Guzman. The district court's judgment is AFFIRMED.