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United States v. Kevin Scott Miller, 06-3865 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 06-3865 Visitors: 33
Filed: Nov. 01, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-3865 _ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Kevin Scott Miller, * Eastern District of Missouri. * Appellant. * [UNPUBLISHED] * _ Submitted: October 19, 2007 Filed: November 1, 2007 _ Before BYE, RILEY, and MELLOY, Circuit Judges. _ PER CURIAM. Kevin Scott Miller appeals the 77-month prison sentence the district court1 imposed after he pleaded guilty to being a felon i
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                      United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 06-3865
                                     ___________

United States of America,                 *
                                          *
             Appellee,                    *
                                          *
      v.                                  * Appeal from the United States
                                          * District Court for the
Kevin Scott Miller,                       * Eastern District of Missouri.
                                          *
             Appellant.                   *     [UNPUBLISHED]
                                          *
                                     ___________

                              Submitted: October 19, 2007
                                 Filed: November 1, 2007
                                  ___________

Before BYE, RILEY, and MELLOY, Circuit Judges.
                            ___________

PER CURIAM.

       Kevin Scott Miller appeals the 77-month prison sentence the district court1
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


      1
        The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
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.
                       ______________________________




                                         -2-

Source:  CourtListener

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