UNITED STATES of America v. Ernest VALENTINE, a/k/a BOP Earnest Valentine, Appellant
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.
HARDIMAN, Circuit Judge.