12-10133 | 5th Cir. | Jan 10, 2013
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges. PER CURIAM: [*]
Rolando Ramirez is appealing the 180-month sentence imposed following his conviction for possession of a firearm subsequent to a felony conviction. Ramirez was sentenced under the provisions of the Armed Career Criminal Act (ACCA) because he had four prior convictions for burglary of a habitation pursuant to T EX . P ENAL C ODE § 30.02(a)(3), which the district court
Case: 12-10133 Document: 00512109016 Page: 2 Date Filed: 01/10/2013 No. 12-10133 determined were violent felonies under the ACCA’s residual clause. See 18 U.S.C. § 924(e)(1); U.S.S.G. § 4B1.4(a).
Ramirez’s sole argument on appeal is that the issue of whether his prior convictions were violent felonies under the ACCA was foreclosed by United States v. Constante , 544 F.3d 584 (5th Cir. 2008) . In Constante , we did not address whether burglary under § 30.02(a)(3) was a violent felony under the ACCA’s residual clause. Thus, the issue was not foreclosed by Constante . See, e.g., Matter of Swift , 129 F.3d 792" date_filed="1997-12-08" court="5th Cir." case_name="State Farm Life Insurance v. Swift">129 F.3d 792, 796 n.18 (5th Cir. 1997) (stating that we are not bound by a previous decision if that decision did not consider an issue raised in the subsequent case).
In light of the foregoing, Ramirez’s sentence is AFFIRMED. 2
NOTES
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.