United States v. Nasir Jaleel Rahim

186 F. App'x 705

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 27, 2006
• Docket: 05-1573
• Status: Unpublished

Opinion

PER CURIAM.

Nasir Jaleel Rahim appeals the sentence imposed by the district court 1 upon his guilty plea to drug and firearm charges. Rahim was sentenced as a career offender under U.S.S.G. § 4Bl.l(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 section 4B1.1(a). See United States v. Barbour, 395 F.3d 826, 827-28 (8th Cir.), cert. denied, — U.S.-, 126 S.Ct. 133, 163 L.Ed.2d 137 (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, 123 S.Ct. 2275, 156 L.Ed.2d 133 (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.

1 . The Honorable David S. Doty, United States District Judge for the District of Minnesota.