United States v. De Groenewald

* 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that this opinion should not be published and is not precedent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. 00-20571
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL FRANCOIS DE GROENEWALD,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-578-ALL
--------------------
June 13, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Daniel Francois De Groenewald appeals his sentence on a
guilty plea conviction for transporting or shipping child
pornography in interstate commerce and traveling in interstate
commerce for the purpose of engaging in a sexual act with a
person under the age of eighteen. In his sole argument on
appeal, De Groenewald challenges the five-level enhancement
applied pursuant to U.S.S.G. § 2G2.2(b)(2). De Groenewald
contends that the enhancement applies only when the distribution
is for pecuniary gain. De Groenewald concedes that our opinion

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No. 00-20571
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in United States v. Canada, 110 F.3d 260, 263 (5th Cir. 1997),
forecloses his argument. However, he asserts that the decision
in Canada should be reversed.
We rejected De Groenewald’s position in United States v.
Fowler, 216 F.3d 459, 460 (5th Cir.), cert. denied, 121 S. Ct.
387 (2000). One panel may not overrule the opinion of another
panel. See id. De Groenewald’s argument is foreclosed. See id.
The judgment of the district court is AFFIRMED.

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