From Casetext: Smarter Legal Research

United States v. Valentine

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Jun 7, 2018
No. 17-2253 (3d Cir. Jun. 7, 2018)

Opinion

No. 17-2253

06-07-2018

UNITED STATES OF AMERICA v. ERNEST VALENTINE, a/k/a BOP Earnest Valentine, Appellant


NOT PRECEDENTIAL On Appeal from the United States District Court for the District of New Jersey
(D.C. No. 2-16-cr-00264-001)
District Judge: Honorable Jose L. Linares Submitted Under Third Circuit L.A.R. 34.1(a)
March 23, 2018 Before: HARDIMAN, BIBAS, and ROTH, Circuit Judges. OPINION HARDIMAN, Circuit Judge.

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

Ernest Valentine appeals the District Court's judgment of sentence, claiming legal error in the calculation of his criminal history. According to Valentine, § 4A1.2(c)(2) of the United States Sentencing Guidelines precluded the District Court from assigning him a criminal history point for his convictions under a New Jersey statute forbidding "loitering for the purpose of illegally using, possessing or selling a controlled substance." N.J. Stat. Ann. § 2C:33-2.1(b). As Valentine acknowledges, we rejected this argument in United States v. Hines, 628 F.3d 101, 109-14 (3d Cir. 2010). Because we—like the District Court—are bound by Hines unless and until it is overturned by the Supreme Court or by this Court sitting en banc, see 3d Cir. I.O.P. 9.1, we will affirm.


Summaries of

United States v. Valentine

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
Jun 7, 2018
No. 17-2253 (3d Cir. Jun. 7, 2018)
Case details for

United States v. Valentine

Case Details

Full title:UNITED STATES OF AMERICA v. ERNEST VALENTINE, a/k/a BOP Earnest Valentine…

Court:UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Date published: Jun 7, 2018

Citations

No. 17-2253 (3d Cir. Jun. 7, 2018)