United States of America, Plaintiff-appellee, v. Kevin Victor Dooley, Defendant-appellant, 98 F.3d 1347 (9th Cir. 1996)

MEMORANDUM^** 

Appellant Kevin Victor Dooley ("Dooley") appeals his sentence under the Sentencing Guidelines following his conviction for bank robbery (18 U.S.C. § 2113(a)). We have jurisdiction under 28 U.S.C. § 1291. We affirm.

Dooley requests that we reconsider United States v. Rivera, 996 F.2d 993 (9th Cir. 1993), where we held that the Sentencing Commission acted within its authority under 28 U.S.C. § 994(h) when it provided that both state and federal drug convictions qualify as predicate offenses for career offender status under U.S.S.G. § 4B1.1.

He also asks us to reconsider United States v. Heim, 15 F.3d 830 (9th Cir.), cert. denied, 115 S. Ct. 55 (1994), where we held that the Commission was within its authority under 28 U.S.C. § 994(h) in listing conspiracy to deliver drugs as a predicate offense for career offender status under § 4B1.1.

Only an en banc panel of this court or the Supreme Court may overturn existing 9th Circuit precedent. Branch v. Tunnell, 14 F.3d 449, 456 (9th Cir. 1994).

AFFIRMED.