United States v. Corey Williams

U.S. Court of Appeals for the Eighth Circuit
United States v. Corey Williams, 166 F. App'x 881 (8th Cir. 2006)
Arnold, Bye, Per Curiam, Smith

United States v. Corey Williams

Opinion

[UNPUBLISHED]

PER CURIAM.

Corey D. Williams appeals the sentence imposed upon his guilty plea to possessing cocaine and to being a felon in possession of a firearm. For reversal Mr. Williams argues that the district court 1 erroneously determined his base offense level pursuant to U.S.S.G. § 2K2.1(a)(2) (felon in possession of firearm where prior felonies include at least two convictions for either crime of violence or controlled substance). In particular, Mr. Williams argues that stealing a motor vehicle, for which he has a prior state felony conviction, is not a crime of violence. Setting aside the issue whether Mr. Williams properly preserved his objection, we conclude his argument is foreclosed by circuit precedent, 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, 580-81 (8th Cir. 2005); United States v. Sun Bear, 307 F.3d 747, 752-53 (8th Cir. 2002), cert. denied, 539 U.S. 916, 123 S.Ct. 2275, 156 *882 L.Ed.2d 133 (2003), and we decline Mr. Williams’s invitation to reconsider Sprouse and Sun Bear: 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 E. Richard Webber, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Corey D. WILLIAMS, Appellant
Status
Unpublished