United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 5, 2004
Charles R. Fulbruge III
Clerk
No. 04-40245
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IVAN RICARDO CIFUENTES-CAYCEDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:03-CR-252-1
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Before JOLLY, HIGGINBOTHAM, and WIENER, Circuit Judges.
PER CURIAM:*
Ivan Ricardo Cifuentes-Caycedo appeals his conviction after
a jury trial for transporting an alien within the United States
in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II),
and (a)(1)(B)(ii). Cifuentes contends that the district court
erred by admitting evidence of his prior conviction for aiding
and abetting an undocumented alien to elude examination. Because
the evidence was relevant and its probative value was not
outweighed by any threat of prejudice, the district court did not
*
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this opinion should not be published and is not precedent except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. 04-40245
-2-
err, plainly or otherwise. See United States v. Beechum, 582
F.2d 898, 911 (5th Cir. 1978) (en banc).
Cifuentes contends that his sentence should be vacated in
light of Blakely v. Washington, 124 S. Ct. 2531 (2004). We have
held that Blakely does not apply to the United States Sentencing
Guidelines. United States v. Pineiro, 377 F.3d 464 (5th Cir.
2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-
5263). He acknowledges that his argument is foreclosed by
Pineiro, but he states that he is raising this issue to preserve
it for possible Supreme Court review. A panel of this court
cannot overrule a prior panel’s decision in the absence of an
intervening contrary or superseding decision by this court
sitting en banc or by the United States Supreme Court. United
States v. Lipscomb, 299 F.3d 303, 313 n.34 (5th Cir. 2002).
AFFIRMED.