United States v. Campbell , 139 F.3d 820 ( 1998 )

PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
07/22/99
THOMAS K. KAHN
No. 97-4076 CLERK
________________________
D.C. Docket No. 96-646-CR
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KHADIJAH S. CAMPBELL,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(July 22, 1999)
Before RONEY and LAY*, Senior Circuit Judges.**
PER CURIAM:
_______________
*Honorable Donald P. Lay, Senior U.S. Circuit Judge for the Eighth Circuit, sitting
by designation.
** This decision is rendered by a quorum, due to the retirement of then-Chief Judge
Hatchett on May 14, 1999. 28 U.S.C. § 46(d).
On April 21, 1998, we filed an opinion vacating the judgment in this case and
remanding for re-sentencing. United States v. Campbell, 139 F.3d 820 (11th Cir.
1998). Our decision followed the same line of reasoning as a prior panel of this
circuit in United States v. DeVaron, 136 F.3d 740 (11th Cir. 1998). We held that it
was improper for the sentencing court to consider a fact that “relates solely to
Campbell’s status as a drug courier,” citing United States v. Velosa, 83 F.3d 380 (11th
Cir. 1996).
On motion of the government, we stayed the mandate in this case until
rehearing en banc of DeVaron. The full court has now issued its opinion which
overrules the precedents set in United States v. Velosa, 83 F.3d 380 (11th Cir. 1996)
and United States v. DeVaron, 136 F.3d 740 (11th Cir. 1998). See United States v.
DeVaron, 175 F.3d 930, 11th Cir. 1999 (en banc). In light of that en banc opinion,
we vacate our prior opinion and affirm the judgment and sentence in this case.
It was not improper for the district court to rely on factors relating to
defendant’s status as a drug courier in denying her a minor role adjustment. A review
of the record reveals that there was no clear error in the determination that defendant
was not entitled to a minor role adjustment in her sentence.
AFFIRMED.
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