Testo completo
1The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3865
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United States of America, *
*
Appellee, *
*
v. * Appeal from the United States
* District Court for the
Kevin Scott Miller, * Eastern District of Missouri.
*
Appellant. * [UNPUBLISHED]
*
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Submitted: October 19, 2007
Filed: November 1, 2007
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Before BYE, RILEY, and MELLOY, Circuit Judges.
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PER CURIAM.
Kevin Scott Miller appeals the 77-month prison sentence the district court1
imposed after he pleaded guilty to being a felon in possession of a firearm, in violation
of 18 U.S.C. § 922(g)(1). He argues only that his prior conviction for driving while
intoxicated should not be considered a crime of violence within the meaning of
U.S.S.G. § 2K2.1(a). Acknowledging this court’s previous holding to the contrary,
see United States v. Wells, 469 F.3d 716, 720-21 (8th Cir. 2006), Miller asks us to
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overrule that precedent. This we cannot do. See United States v. Wright, 22 F.3d
787, 788 (8th Cir. 1994) (panel of this court is bound by prior Eighth Circuit decision
unless prior decision is overruled by this court sitting en banc). Accordingly, we
affirm.
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