Circuit Judge. Dan Kendall appeals his eighty-four month sentence arguing 1) the district court exceeded the scope of this court’s remand, 2) the sentence is unreasonable, and 3) this court should reconsider its holding in United States v. McCall, 439 F.3d 967 (8th Cir.2006) (en banc) (<HOLDING>). We affirm. I Kendall pleaded guilty to
recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc  16b holding that misdemeanor offense of driving while intoxicated constitutes a crime of violence under ussg  4b12a holding that driving while intoxicated is not a violent felony pursuant to 18 usc  924e2b holding a felony conviction for driving while intoxicated dwi may be a crime of violence