United States v. Kelly Burkett ( 2017 )

Case: 15-10945 Document: 00513942562 Page: 1 Date Filed: 04/06/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-10945 FILED
Summary Calendar April 6, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
KELLY WOODERSON BURKETT,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-62-1
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).
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
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.
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