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U.S. v. GOVAN

No. 01-16237 Non-Argument Calendar.

293 F.3d 1248 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas GOVAN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 26, 2002.

Attorney(s) appearing for the Case

Anne R. Schultz, Madeleine R. Shirley, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellant.

Randee Jill Golder, Randee J. Golder, P.A., Boynton Beach, FL, for Defendant-Appellee.

Before BLACK, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

Thomas Govan was sentenced to 121 months of imprisonment after pleading guilty to all four counts of an indictment charging him with possession with intent to distribute at least five grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). He has not appealed, but the government has for two reasons.

First, the government contends that the district court erred by refusing to apply the career offender guidelines to determine Govan's sentence...

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