United States v. Kevin McRay Smith ( 2001 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-3548
___________
United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Kevin McRay Smith, * Eastern District of Missouri.
*
Appellant. * [UNPUBLISHED]
___________
Submitted: July 9, 2001
Filed: July 16, 2001
___________
Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
___________
PER CURIAM.
Kevin McRay Smith appeals the sentence imposed by the district court1
following his guilty plea to drug offenses. The district court sentenced Smith to 188
months imprisonment and 5 years supervised release. On appeal, Smith challenges the
district court’s finding that he was a career offender, arguing that his burglaries of
commercial buildings should not be considered crimes of violence under U.S.S.G.
§§ 4B1.1 and 4B1.2.
1
The Honorable Rodney W. Sippel, United States District Judge for the Eastern
District of Missouri.
As Smith concedes, in United States v. Hascall, 76 F.3d 902, 906 (8th Cir.), cert.
denied, 519 U.S. 948 (1996), this court determined that second-degree burglary of a
commercial building is a crime of violence. Smith urges us to find that Hascall was
wrongly decided. Even if we were inclined to do so, we are not at liberty to overturn
the decision; only the court sitting en banc may do so. See United States v. Reynolds,
116 F.3d 328, 329 (8th Cir. 1997) (refusing to consider argument that Hascall was
wrongly decided).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
-2-