IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 20, 2008
No. 07-51130
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JULIO LAREDO-MENDEZ, also known as Julio Horacio Laredo, also known as
Julio Leredo, also known as Horacio Mendez-Martinez
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-866-1
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Julio Laredo-Mendez pleaded guilty to attempted illegal reentry after
deportation and was sentenced to 48 months of imprisonment and three years
of supervised release. Laredo-Mendez argues that his prior California robbery
conviction under CAL. PENAL CODE § 211 is not a crime of violence within the
meaning of U.S.S.G. § 2L1.2(b)(1)(A)(ii). Laredo-Mendez acknowledges that this
court held that a California robbery conviction is a crime of violence in United
*
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should not be published and is not precedent except under the limited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. 07-51130
States v. Tellez-Martinez, 517 F.3d 813, 814 (5th Cir.), petition for cert. filed
(June 16, 2008) (No. 07-11483). However, he argues that Tellez-Martinez was
incorrectly decided. A panel of this court cannot overrule a prior panel’s decision
in the absence of intervening contrary or superseding authority 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). This issue is foreclosed.
The Government’s motion for summary affirmance is GRANTED, the
motion for extension of time to file a brief is DENIED, and the judgment of the
district court is AFFIRMED.
2