United States of America v. Ernest Valentine, a/k/a BOP Earnest Valentine

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 17-2253
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UNITED STATES OF AMERICA
v.
ERNEST VALENTINE, a/k/a BOP
Earnest Valentine,
Appellant
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On Appeal from the United States District Court
for the District of New Jersey
(D.C. No. 2-16-cr-00264-001)
District Judge: Honorable Jose L. Linares
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Submitted Under Third Circuit L.A.R. 34.1(a)
March 23, 2018
Before: HARDIMAN, BIBAS, and ROTH, Circuit Judges.
(Opinion Filed: June 7, 2018)
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OPINION*
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* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does
not constitute binding precedent.

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HARDIMAN, Circuit Judge.
Ernest Valentine appeals the District Court’s judgment of sentence, claiming legal
error in the calculation of his criminal history. According to Valentine, § 4A1.2(c)(2) of
the United States Sentencing Guidelines precluded the District Court from assigning him
a criminal history point for his convictions under a New Jersey statute forbidding
“loitering for the purpose of illegally using, possessing or selling a controlled substance.”
N.J. Stat. Ann. § 2C:33-2.1(b). As Valentine acknowledges, we rejected this argument in
United States v. Hines, 628 F.3d 101, 109–14 (3d Cir. 2010). Because we—like the
District Court—are bound by Hines unless and until it is overturned by the Supreme
Court or by this Court sitting en banc, see 3d Cir. I.O.P. 9.1, we will affirm.

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