Craig Thorstenson v. Gale Norton

1The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1542
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Corey D. Williams, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 7, 2006
Filed: February 14, 2006
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Before ARNOLD, BYE, and SMITH, Circuit Judges.
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PER CURIAM.
Corey D. Williams appeals the sentence imposed upon his guilty plea to
possessing cocaine and to being a felon in possession of a firearm. For reversal
Mr. Williams argues that the district court 1 erroneously determined his base offense
level pursuant to U.S.S.G. § 2K2.1(a)(2) (felon in possession of firearm where prior
felonies include at least two convictions for either crime of violence or controlled
substance). In particular, Mr. Williams argues that stealing a motor vehicle, for which
he has a prior state felony conviction, is not a crime of violence. Setting aside the

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issue whether Mr. Williams properly preserved his objection, we conclude his
argument is foreclosed by circuit precedent, see United States v. Barbour, 395 F.3d
826, 827-28 (8th Cir.), cert. denied, 126 S. Ct. 133 (2005); United States v. Sprouse,
394 F.3d 578, 580-81 (8th Cir. 2005); United States v. Sun Bear, 307 F.3d 747, 752-
53 (8th Cir. 2002), cert. denied, 539 U.S. 916 (2003), and we decline Mr. Williams’s
invitation to reconsider Sprouse and Sun Bear: only the court sitting en banc may do
so, see United States v. Wright, 22 F.3d 787, 788 (8th Cir. 1994). Accordingly, we
affirm.
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