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U.S. v. WHITSON

No. 09-10521.

597 F.3d 1218 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Katena Latresese WHITSON, a.k.a. Katena Latreese Whitson, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 24, 2010.

Attorney(s) appearing for the Case

Brenda G. Bryn, Chantel R. Doakes, Fed. Pub. Defenders, Ft. Lauderdale, FL, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Defendant-Appellant.

Sean Paul Cronin, Anne R. Schultz, Kathleen M. Salyer, Emily M. Smachetti, Jeanne marie Mullenhoff, U.S. Attorney's office, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and PRYOR, Circuit Judges, and CAMP, District Judge.

PER CURIAM:

Appellant Katena Whitson ("Whitson") appeals the district court's application of the Sentencing Guidelines section 4B1.1 "Career Offender" enhancement to her sentence for importation of cocaine. We conclude that her prior conviction for non-overt act criminal conspiracy is no "crime of violence" in the light of Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008). Therefore, she does not qualify as a "career offender." We...

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