U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Kelly Burkett

United States v. Kelly Burkett
U.S. Court of Appeals for the Fifth Circuit · Decided April 6, 2017 · Higginbotham, Prado, Haynes
684 F. App'x 443

United States v. Kelly Burkett

Opinion

PER CURIAM: *

Kelly Wooderson Burkett pleaded guilty to possession with intent to distribute methamphetamine. Burkett argues that, because she was not involved in importation, the district court erred by imposing a two-level importation enhancement. She acknowledges that this argument is foreclosed by United States v. Foulks, 747 F.3d 914, 915 (5th Cir. 2014).

She also argues that the district court erred by increasing her offense level by two levels, pursuant to U.S.S.G. § 3C1.1, because she attempted to obstruct or impede justice. The district court stated specifically that even if it erred by applying the enhancement, it would have imposed the same sentence. Accordingly, any error in applying the enhancement is harmless. See United States v. Gutierrez-Mendez, 752 F.3d 418, 429-30 (5th Cir. 2014); see also United States v. Shepherd, 848 F.3d 425, 427-28 (5th Cir. 2017).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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