Commonwealth of the Northern Mariana Islands, Plaintiff-appellee, v. Robert Hilario, Defendant-appellant, 91 F.3d 151 (9th Cir. 1996)

MEMORANDUM^** 

Defendant Robert Placer Hilario appeals his convictions for driving under the influence of alcohol in violation of 9 C.M.C. § 7105, reckless driving in violation of 9 C.M.C. § 7104, and unsafe lane change in violation of 9 C.M.C. § 5304(a). Hilario's sole argument is that this panel should overrule Guam v. Snaer, 758 F.2d 1341 (9th Cir.), cert. denied, 474 U.S. 828 (1985). We affirm.¹ 

Hilario was arrested and later read an advisement-of-rights form, which advised him of his right to counsel. Hilario contends that this form inadequately informed him of his right to consult with counsel before questioning by the police. This same issue was raised in Snaer, in which we held that an identical advisement-of-rights form satisfied the requirements of Miranda v. Arizona, 384 U.S. 436 (1966). Snaer, 758 F.2d at 1343.

Snaer is directly on point and is controlling in the case at bar. Absent intervening Supreme Court authority, and Hilario has cited none, "one three-judge panel of this court cannot reconsider or overrule the decision of a prior panel." United States v. Gay, 967 F.2d 322, 327 (9th Cir.), cert. denied, 506 U.S. 929 (1992). This court can overrule its prior cases only by sitting en banc.

AFFIRMED.