United States v. Tijerina

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50343
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GILBERT TIJERINA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-00-CR-597-ALL
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Represented by the Federal Public Defender, Gilbert Tijerina
challenges the sentence from his guilty-plea conviction for
possession of a firearm by a convicted felon. He argues that his
prior conviction under Texas law, unauthorized use of a vehicle,
is not a crime of violence as defined by U.S.S.G. § 4B1.2, and
therefore, the district court erroneously set the base offense
level at 20 pursuant to U.S.S.G. § 2K2.1(a)(4)(A). Tijerina
acknowledges that his argument is foreclosed by United States v.
Jackson, 220 F.3d 635, 636-39 (5th Cir. 2000), cert. denied, 121
*
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that this opinion should not be published and is not precedent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. 01-50343
-2-
S. Ct. 1640 (2001). He seeks to preserve the issue for possible
review by the Supreme Court.
One panel of this court may not overrule a decision made by
a prior panel absent en banc consideration, a change in relevant
statutory law, or an intervening decision by the Supreme Court.
United States v. Zuniga-Salinas, 952 F.2d 876, 877 (5th Cir.
1992) (en banc). Accordingly, we AFFIRM the judgment by the
district court.