[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-11674 ELEVENTH CIRCUIT
SEPTEMBER 16, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 95-00605-CR-PAS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID VELEZ,
a.k.a. Robert Rodriguez,
a.k.a. Alex Rosa,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(September 16, 2009)
Before BLACK, CARNES and BARKETT, Circuit Judges.
PER CURIAM:
David Velez appeals his amended 235-month sentence, which the district
court imposed after reducing his sentence under 18 U.S.C. § 3582(c)(2) and
Amendment 706 to the sentencing guidelines. He contends that he should have
been eligible for a variance below the low end of his amended guidelines range.
That argument is foreclosed by our holding in United States v. Melvin, 556 F.3d
1190 (11th Cir. 2009), cert. denied, 129 S. Ct. 2382 (2009).
Velez argues that Melvin was wrongly decided and violates his Sixth
Amendment rights and the remedial purpose of United States v. Booker, 543 U.S.
220, 125 S. Ct. 738 (2005). Regardless, we are bound by our prior panel precedent
rule to follow Melvin until it is overruled by this Court sitting en banc or the
Supreme Court. See United States v. Jacqueline Brown, 342 F.3d 1245, 1246
(11th Cir.2003). The district court properly determined that under Melvin it was
not authorized to sentence Velez below the low end of his amended guideline
range.
AFFIRMED.
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