United States v. Nasir Jaleel Rahim ( 2006 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1573
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Nasir Jaleel Rahim, also known as *
Junero Antonio Smith, * [UNPUBLISHED]
*
Appellant. *
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Submitted: June 20, 2006
Filed: June 27, 2006
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Before MURPHY, BEAM, and COLLOTON, Circuit Judges.
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PER CURIAM.
Nasir Jaleel Rahim appeals the sentence imposed by the district court1 upon his
guilty plea to drug and firearm charges. Rahim was sentenced as a career offender
under U.S.S.G. § 4B1.1(a) (defendant is career offender if, among other things, he has
at least 2 prior convictions of either crime of violence or controlled substance
offense), based in part on a prior state felony conviction for auto theft. Rahim urges
this court to revisit our holding that auto theft is a crime of violence for purposes of
1
The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
section 4B1.1(a). See United States v. Barbour, 395 F.3d 826, 827-28 (8th Cir.), cert.
denied, 126 S. Ct. 133 (2005); United States v. Sprouse, 394 F.3d 578, 579-81 (8th
Cir. 2005); United States v. Sun Bear, 307 F.3d 747, 751-53 (8th Cir. 2002), cert.
denied, 539 U.S. 916 (2003). Only the court sitting en banc may do so. See United
States v. Wright, 22 F.3d 787, 788 (8th Cir. 1994). Accordingly, we affirm.
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