UNITED STATES v. TORRES (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Yeison Valencia TORRES, Defendant-Appellant.

No. 18-11134

Decided: November 15, 2018

Before MARTIN, JILL PRYOR and BLACK, Circuit Judges.

Jonathan Colan, Carol Herman, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, for Plaintiff-Appellee Israel Jose Encinosa, Israel Jose Encinosa, Esq., Miami, FL, for Defendant-Appellant

Yeison Torres appeals his 120-month sentence following his conviction for possession with intent to distribute more than five kilograms of cocaine while onboard a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70501 et seq. (MDLEA). Torres contends the MDLEA’s exclusion from safety-valve relief provided in 18 U.S.C. § 3553(f) violates his right to equal protection under the Fifth Amendment. Because Torres’ sole argument is foreclosed by this Court’s decision in United States v. Castillo, 899 F.3d 1208, 1213 (11th Cir. 2018), we affirm. See United States v. Vega-Castillo, 540 F.3d 1235, 1236 (11th Cir. 2008) (“Under the prior precedent rule, we are bound to follow a prior binding precedent unless and until it is overruled by this court en banc or by the Supreme Court.” (quotation omitted) ).

AFFIRMED.

PER CURIAM:

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