IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40818
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDUARDO VALDEZ-MOSQUEDA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-45-1
- - - - - - - - - -
February 9, 1999
Before BARKSDALE, and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Eduardo Valdez-Mosqueda appeals the sentence he received
after he pleaded guilty to returning to the United States after
having been previously deported. Valdez’s argument that the
district court should have reviewed evidence of his prior
convictions under a reasonable doubt standard is foreclosed by
this court’s precedent. See United States v. Lombardi, 138 F.3d
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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.
No. 98-40818
- 2 -
559, 562 (5th Cir. 1998). Likewise, his assertion that the
Government should have been required to produce evidence of his
prior convictions is foreclosed by this court’s precedent. See
United States v. Mir, 919 F.2d 940, 943 (5th Cir. 1990). Only an
“overriding Supreme Court decision,” a change in statutory law,
or this court sitting en banc may overrule a panel decision. See
United States v. Zuniga-Salinas, 952 F.2d 876, 877 (5th Cir.
1992) (en banc).
The sentence imposed by the district court is AFFIRMED.