IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40761
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRYAN THOMAS FAULK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CR-003
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April 16, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Bryan Thomas Faulk appeals the revocation of his supervised
release. Faulk contends that his sentence was imposed in
violation of law because the district court sentenced him to a
term of imprisonment in excess of the applicable range set forth
in U.S.S.G. § 7B1.4, p.s. "[W]hen a court sentences a defendant
upon revoking his supervised release under [18 U.S.C.] § 3583(e),
the policy statements of Chapter 7 are advisory only." United
States v. Mathena, 23 F.3d 87, 93 (5th Cir. 1994); United States
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40761
-2-
v. Escamilla, 70 F.3d 835, 835 (5th Cir. 1995), cert. denied,
1996 WL 106088 (U.S. Apr. 1, 1996) (No. 95-8171).
Faulk contends that the panel's decision in Escamilla is
contrary to prior Supreme Court precedent, the plain language of
the 1994 amendment to 18 U.S.C. § 3551(a)(4), the legislative
purpose of the Guidelines, and the clear intent of the
legislators. However, as only an "overriding Supreme Court
decision," a change in statutory law, or this court sitting en
banc may overrule a panel decision, Faulk cannot prevail on this
claim. United States v. Zuniga-Salinas, 952 F.2d 876, 877 (5th
Cir. 1992) (en banc).
AFFIRMED.