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United States v. Kelly Burkett
684 F. App'x 443
5th Cir.
2017
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Docket

*1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.

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).

*2 Case: 15-10945 Document: 00513942562 Page: 2 Date Filed: 04/06/2017

No. 15-10945

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, ___ F.3d ___, 2017 WL 543219, *2 (5th Cir. Feb. 9, 2017).

AFFIRMED.

2

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

Case Details

Case Name: United States v. Kelly Burkett
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Apr 6, 2017
Citation: 684 F. App'x 443
Docket Number: 15-10945 Summary Calendar
Court Abbreviation: 5th Cir.
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