U.S. Court of Appeals for the Eleventh Circuit, 2010

United States v. Miguel Angel Huerta

United States v. Miguel Angel Huerta
U.S. Court of Appeals for the Eleventh Circuit · Decided May 27, 2010 · Edmondson, Carnes, Marcus
380 F. App'x 903

United States v. Miguel Angel Huerta

Opinion

PER CURIAM:

Miguel Angel Huerta appeals his 15-month low-end guideline sentence, after pleading guilty to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(1). Huerta concedes that Vega-Castillo * forecloses his argument that the district court should have considered sen-teneing disparities between fast-track and non-fast-track districts when it imposed his sentence. He nevertheless submits that we wrongly decided Vega-Castillo and asks us to reconsider it en banc.

We review de novo the district court’s application and interpretation of the sentencing guidelines. United States v. Wilks, 464 F.3d 1240, 1242 (11th Cir. 2006). Under our prior precedent rule, a panel of this Court is bound to follow a prior binding precedent, “unless and until it is overruled by this court en banc or by the Supreme Court.” United States v. Brown, 342 F.3d 1245, 1246 (11th Cir. 2003).

Because as a panel we are bound by Vega-Castillo, we affirm.

AFFIRMED.

*

United States v. Vega-Castillo, 540 F.3d 1235 (11th Cir.), rehearing en banc denied, 548 F.3d 980 (11th Cir. 2008), cert denied, - U.S. -, 129 S.Ct. 2825, 174 L.Ed.2d 556 (2009).

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