Case: 18-11135 Date Filed: 12/13/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-11135
Non-Argument Calendar
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D.C. Docket No. 1:17-cr-20786-UU-4
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HERIBERTO MANYOMA DIAZ,
Defendant - Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
________________________
(December 13, 2018)
Before MARTIN, JILL PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Case: 18-11135 Date Filed: 12/13/2018 Page: 2 of 2
Heriberto Manyoma Diaz appeals his 120-month sentence following his
conviction for possession with intent to distribute more than five kilograms of
cocaine while onboard a vessel subject to the jurisdiction of the United States, in
violation of the Maritime Drug Law Enforcement Act,
46 U.S.C. § 70501 et seq.
(MDLEA). Diaz contends the MDLEA’s exclusion from safety-valve relief
provided in
18 U.S.C. § 3553(f) violates his right to equal protection under the
Fifth Amendment. Because Diaz’s sole argument is foreclosed by this Court’s
decision in United States v. Castillo,
899 F.3d 1208, 1213 (11th Cir. 2018), we
affirm. See United States v. Vega-Castillo,
540 F.3d 1235, 1236 (11th Cir. 2008)
(“Under the prior precedent rule, we are bound to follow a prior binding precedent
unless and until it is overruled by this court en banc or by the Supreme Court.”
(quotation omitted)).
AFFIRMED.
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