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U.S. v. MASSEY

No. 05-11514.

443 F.3d 814 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Marissa Giselle MASSEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 2006.

Attorney(s) appearing for the Case

Mauricio L. Aldazabal (Court-Appointed), Miami, FL, for Defendant-Appellant.

Jeanne Marie Mullenhoff, Anne R. Schultz, Asst. U.S. Atty., Lisa T. Rubio, Miami, FL, for Plaintiff-Appellee.

Before BIRCH and MARCUS, Circuit Judges, and NANGLE, District Judge.

BIRCH, Circuit Judge:

Marissa Massey appeals her 87-month sentence after she pled guilty to conspiracy to import 100 grams or more of heroin and assault on a federal officer. She argues that the district court erred in enhancing her sentence by 2 levels for attempting to obstruct the administration of justice under U.S.S.G. § 3C1.1 (2004), both because (1) she lacked the capacity to "willfully" obstruct justice and (2) her actions did not materially hinder the...

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