United States v. Leal-Bernal

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40442
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERIBERTO LEAL-BERNAL,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-21-1
--------------------
February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Heriberto Leal-Bernal appeals the 77-month sentence imposed
following his guilty plea to a charge of being found in the
United States after deportation, a violation of 8 U.S.C. § 1326.
He contends that his felony conviction for burglary of a vehicle
that resulted in his increased sentence was not an aggravated
felony under 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2(b)(1)(A).
Leal-Bernal acknowledges that his argument is foreclosed by
our decision in United States v. Ramos-Garcia, 95 F.3d 369, 371-
72 (5th Cir. 1996), but he seeks to preserve the issue for

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No. 01-40442
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further review. We are bound by our own precedent absent an
intervening Supreme Court decision or a subsequent en banc
decision. See United States v. Garcia Abrego, 141 F.3d 142, 151
n.1 (5th Cir. 1998). Leal-Bernal's argument is foreclosed by
Ramos-Garcia. The district court's judgment is AFFIRMED.

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