United States v. Kevin Scott Miller

U.S. Court of Appeals for the Eighth Circuit
United States v. Kevin Scott Miller, 252 F. App'x 766 (8th Cir. 2007)
Bye, Melloy, Per Curiam, Riley

United States v. Kevin Scott Miller

Opinion

PER CURIAM.

Kevin Scott Miller appeals the 77-month prison sentence the district court 1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He argues only that his prior conviction for driving while intoxicated should not be considered a crime of violence within the meaning of U.S.S.G. § 2K2.1(a). Acknowledging this court’s previous holding to the contrary, see United States v. Wells, 469 F.3d 716, 720-21 (8th Cir. 2006), Miller asks us to overrule that precedent. This we cannot do. See United States v. Wright, 22 F.3d 787, 788 (8th Cir. 1994) (panel of this court is bound by prior Eighth Circuit decision unless prior decision is overruled by this court sitting en banc). Accordingly, we affirm.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Kevin Scott MILLER, Appellant
Status
Unpublished