United States v. Castillo-Lucio

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40418
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDGAR CASTILLO-LUCIO, also known as
Jose Lopez Hernandez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-488-1
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April 11, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Edgar Castillo-Lucio appeals the sentence imposed following
his conviction for illegally reentering the United States after
having been deported, a violation of 8 U.S.C. § 1326. He argues
that the district court erred by concluding that his prior
conviction for unauthorized use of a motor vehicle was an
aggravated felony. However, he did not raise his argument in the
district court. Castillo-Lucio acknowledges that this court has
*
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that this opinion should not be published and is not precedent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. 01-40418
-2-
held that the offense is an aggravated felony, and avers that he
is raising the issue solely to preserve it for further review.
This court rejected the precise argument raised by Castillo-
Lucio in United States v. Galvan-Rodriguez, 169 F.3d 217 (5th
Cir. 1999). Galvan-Rodriguez is binding precedent; therefore,
absent a decision by the Supreme Court or en banc consideration
by this Court, it cannot be overturned by another panel of this
court. See United States v. Arce, 118 F.3d 335, 338-39 (5th Cir.
1997). AFFIRMED.