United States v. Tijerina

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 14, 2001
• Docket: 01-50343
• Status: Unpublished

Opinion

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.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-00-CR-597-ALL -------------------- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.