United States of America, Plaintiff-appellee, v. Margarito Esteves-mesa, Defendant-appellant, 124 F.3d 213 (9th Cir. 1997)
Annotate this CaseAppeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding; No. CR-96-02079-BTM.
Before: HALL, BRUNETTI and THOMAS, Circuit Judges.
MEMORANDUM*
Margarito Esteves-Mesa appeals his sentence for illegal reentry after deportation and conviction for an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) and (b) (2). We affirm.
Esteves-Mesa contends that his prior conviction under California Health and Safety Code § 11352(a) was not an aggravated felony. This contention is foreclosed by United States v. Lomas, 30 F.3d 1191, 1195 (9th Cir. 1994), in which we held that "a conviction under section 11352(a) of the California Health and Safety Code is an aggravated felony under both 8 U.S.C. § 1326(b) (2) and U.S.S.G. § 2L1.2(b) (2)." To the extent that Esteves-Mesa maintains that Lomas was wrongly decided, we cannot reconsider or overrule the decision of a prior panel. See United States v. Camper, 66 F.3d 229, 232 (9th Cir. 1995).
AFFIRMED.
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