United States v. Nasir Jaleel Rahim, No. 05-1573 (8th Cir. 2006)
Annotate this CaseCourt Description: Criminal case - Sentencing. Panel refuses request to revisit the issue of whether auto theft is a crime of violence for purposes of Guidelines Sec. 4B1.1(a).
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-1573 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Nasir Jaleel Rahim, also known as * Junero Antonio Smith, * [UNPUBLISHED] * Appellant. * ___________ Submitted: June 20, 2006 Filed: June 27, 2006 ___________ Before MURPHY, BEAM, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Nasir Jaleel Rahim appeals the sentence imposed by the district court1 upon his guilty plea to drug and firearm charges. Rahim was sentenced as a career offender under U.S.S.G. ยง 4B1.1(a) (defendant is career offender if, among other things, he has at least 2 prior convictions of either crime of violence or controlled substance offense), based in part on a prior state felony conviction for auto theft. Rahim urges this court to revisit our holding that auto theft is a crime of violence for purposes of 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. section 4B1.1(a). See United States v. Barbour, 395 F.3d 826, 827-28 (8th Cir.), cert. denied, 126 S. Ct. 133 (2005); United States v. Sprouse, 394 F.3d 578, 579-81 (8th Cir. 2005); United States v. Sun Bear, 307 F.3d 747, 751-53 (8th Cir. 2002), cert. denied, 539 U.S. 916 (2003). 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. ______________________________ -2-
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