United States v. Kevin Scott Miller

252 F. App'x 766

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 1, 2007
• Docket: 06-3865
• Status: Unpublished

Opinion

PER CURIAM.

Kevin Scott Miller appeals the 77-month prison sentence the district court 1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He argues only that his prior conviction for driving while intoxicated should not be considered a crime of violence within the meaning of U.S.S.G. § 2K2.1(a). Acknowledging this court’s previous holding to the contrary, see United States v. Wells, 469 F.3d 716, 720-21 (8th Cir.2006), Miller asks us to overrule that precedent. This we cannot do. See United States v. Wright, 22 F.3d 787, 788 (8th Cir.1994) (panel of this court is bound by prior Eighth Circuit decision unless prior decision is overruled by this court sitting en banc). Accordingly, we affirm.

1 . The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.