[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-16136 ELEVENTH CIRCUIT
JULY 2, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 09-00249-CR-BBM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDWARD J. SIMS, JR.,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(July 2, 2010)
Before CARNES, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
Edward Sims appeals the mandatory minimum sentence imposed under the
Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), following his
conviction for possession of a firearm by a convicted felon, 18 U.S.C. § 922(g).
Because circuit precedent forecloses each of the arguments Sims raises, we affirm.
Sims pleaded guilty to possession of a firearm by a convicted felon, in
violation of 18 U.S.C. §§ 922(g) and 924(e). The probation officer calculated the
sentencing guideline range to be 188 to 235 months’ imprisonment, and Sims faced
a mandatory minimum of 15 years’ imprisonment under the ACCA. 18 U.S.C.
§ 924(e).
Sims objected to the mandatory minimum sentence on three grounds. First,
Sims argued that the mandatory minimum was unconstitutional under the Eighth
Amendment. Second, Sims asserted that the mandatory minimum conflicted with
the mandate in 18 U.S.C. § 3553(a) that a sentence be no longer than necessary to
achieve the sentencing goals. Finally, Sims argued that the mandatory minimum
sentencing structure violated separation of powers principles.
At sentencing, Sims conceded that his challenges to the mandatory minimum
were foreclosed by circuit precedent. After overruling Sims’s objections, the
district court sentenced Sims to 188 months’ imprisonment. Sims now appeals,
raising the same three arguments.1
Challenges to the constitutionality of a statute are reviewed de novo. United
1
Sims raises only these challenges to the application of the ACCA. He does not otherwise
challenge the guideline calculations, the reasonableness of his sentence, or the manner in which the
sentence was imposed.
2
States v. Rozier, 598 F.3d 768, 770 (11th Cir.), cert. denied, 2010 WL 1836730
(June 7, 2010) (No. 09-10590). Constitutional challenges to a sentence are also
reviewed de novo. Id.
Circuit precedent forecloses Sims’s arguments. First, this court has held that
the mandatory minimum sentence under the ACCA does not violate the Eighth
Amendment. United States v. Lyons, 403 F.3d 1248, 1257 (11th Cir. 2005).
Second, this court has held that district courts are bound by mandatory minimum
sentences absent one of two exceptions not applicable to Sims. United States v.
Castaing-Sosa, 530 F.3d 1358, 1361-62 (11th Cir. 2008). Finally, this court has
repeatedly rejected the argument that mandatory minimum sentences violate
separation of powers principles. United States v. Paige, 2010 WL 1656120 (11th
Cir. 2010); United States v. Holmes, 838 F.2d 1175, 1178 (11th Cir. 1988).
We are bound by decisions of prior panels until overruled by this court
sitting en banc or by the Supreme Court. United States v. Steele, 147 F.3d 1316,
1317-18 (11th Cir. 1998). Because our precedent forecloses each of Sims’s
arguments, and we are bound to follow it, Sims’s sentence is
AFFIRMED.
3