Legal Opinion
United States v. Whitson
Court of Appeals for the Eleventh Circuit
Decided February 24, 2010No. 09-10521PublishedCited by 29 opinions
1Per 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 vacate and remand for resentencing.
I. Background
Whitson plead guilty to importation of more than 500 grams of cocaine in 2008. In her factual…
2Cases cited9 opinions
- Begay v. United StatesSupreme Court of the United States · 2008
- James v. United StatesSupreme Court of the United States · 2007
- Chambers v. United StatesSupreme Court of the United States · 2009
- United States v. ArcherCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Steven GibsonCourt of Appeals for the Eleventh Circuit · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- United States v. LockleyCourt of Appeals for the Eleventh Circuit · 2011
- United States v. GoreCourt of Appeals for the Fifth Circuit · 2011
- United States v. ShannonCourt of Appeals for the Eleventh Circuit · 2011
24 more not listed; retrieve them via the Exa API.