Vasquez-Reyes

United States v. Vasquez-Reyes

Good Law
15 F. App'x 415
United States Court of Appeals for the Ninth CircuitJune 4, 2001No. 00-10172; D.C. No. CR-99-01557-JMRCalifornia360 words

Opinion

Lead Opinion

MEMORANDUM ***

Floriberto Vasquez-Reyes, a native and citizen of Mexico, appeals the district court’s decision to apply, pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2(b)(l)(A), a sixteen-level enhancement to his sentence for illegally reentering the United States after having been deported for an aggravated felony. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Vasquez-Reyes argues that the district court erred in concluding that his prior Colorado State felony conviction for possession of a controlled substance constituted an “aggravated felony” for sentencing purposes. Although Vasquez-Reyes concedes that this court has squarely addressed and rejected this argument, see United States v. Ibarra-Galindo, 206 F.3d 1337 (9th Cir.), cert. denied, 531 U.S. 1102 , 121 S.Ct. 837 , 148 L.Ed.2d 718 (2001), he urges us to overrule our precedent. However, as a three-judge panel, we are bound by prior judgments of this court. See United States v. Zarate-Martinez, 133 F.3d 1194, 1200 (9th…

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