United States of America, Plaintiff-appellee, v. Jose Gonzalez, Defendant-appellant, 141 F.3d 1180 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 141 F.3d 1180 (9th Cir. 1998) .Submitted Mar. 10, 1998**.Decided Mar. 19, 1998

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding.

Before FLETCHER, BEEZER, and LEAVY, Circuit Judges.

MEMORANDUM* 

Jose Manuel Gonzalez appeals his sentence for his conviction for unlawful reentry of a deported alien after an aggravated felony conviction in violation of 8 U.S.C. §§ 1326(a) & (b) (2). Gonzalez contends that the district court erred in assessing a sixteen level increase to his offense level pursuant to U.S.S.G. § 2L1.2, because his 1983 conviction for drug trafficking should not be counted as an "aggravated felony" in that it occurred prior to the 1988 and 1990 amendments to 8 U.S.C. § 1326. Gonzalez's contention is precluded by our holding in United States v. Arzate-Nunez, 18 F.3d 730 (9th Cir. 1994), and we lack the power to reconsider another panel's decision. See Roundy v. Commissioner, 122 F.3d 835, 837 (9th Cir. 1997).

AFFIRMED.

 **

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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