USA v. Miguel Angel Huerta

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 27, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-14439
Non-Argument Calendar
________________________
D. C. Docket No. 09-00029-CR-4-RH
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL ANGEL HUERTA,
a.k.a. Miguel Angel Estrada,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(May 27, 2010)
Before EDMONDSON, CARNES and MARCUS, Circuit Judges.

-- 1 of 2 --

PER CURIAM:
Miguel Angel Huerta appeals his 15-month low-end guideline sentence,
after pleading guilty to illegal re-entry after deportation, in violation of 8 U.S.C. §
1326(a) and (b)(1). Huerta concedes that Vega-Castillo forecloses his argument*
that the district court should have considered sentencing disparities between fast-
track and non-fast-track districts when it imposed his sentence. He nevertheless
submits that we wrongly decided Vega-Castillo and asks us to reconsider it en
banc.
We review de novo the district court’s application and interpretation of the
sentencing guidelines. United States v. Wilks, 464 F.3d 1240, 1242 (11th Cir.
2006). Under our prior precedent rule, a panel of this Court is bound to follow a
prior binding precedent, “unless and until it is overruled by this court en banc or by
the Supreme Court.” United States v. Brown, 342 F.3d 1245, 1246 (11th Cir.
2003).
Because as a panel we are bound by Vega-Castillo, we affirm.
AFFIRMED.
United States v. Vega-Castillo, 540 F.3d 1235 (11th Cir.), rehearing en banc denied,*
548 F.3d 980 (11th Cir. 2008), cert denied, ___ U.S. ___, 129 S. Ct. 2825, 174 L. Ed.2d 556
(2009).
2

-- 2 of 2 --