USA v. Kamauri Kennedy

Filing

Opinion issued by court as to Appellant Kamauri Kennedy. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 14-14298

Date Filed: 03/20/2015

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-14298
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-00305-TWT-LTW-2

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KAMAURI KENNEDY,
a.k.a. Terry Howard,
a.k.a. Kam,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(March 20, 2015)
Before WILLIAM PRYOR, JORDAN and JILL PRYOR, Circuit Judges.
PER CURIAM:

Case: 14-14298

Date Filed: 03/20/2015

Page: 2 of 2

Kamauri Kennedy appeals his sentence of 70 months of imprisonment,
following his pleas of guilty to conspiring to interfere and to interfering with
commerce by committing or threatening physical violence during the robbery of a
jewelry store. 18 U.S.C. §§ 1951(a), 2. Kennedy challenges the four-level increase
of his base offense level for having “otherwise used” a dangerous weapon, a
sledgehammer. See United States Sentencing Guidelines Manual § 2B3.1(b)(2)(D)
(Nov. 2013). We affirm.
Even if we were to assume that the district court erred by applying the
“otherwise used” enhancement, that error was harmless because it did not affect
Kennedy’s sentence. The district court announced that it would have imposed the
same sentence without the enhancement “to adequately take into consideration the
[statutory] sentencing factors,” 18 U.S.C. § 3553(a), and that sentence is
reasonable. See United States v. Keene, 470 F.3d 1347, 1348–49 (11th Cir. 2006).
Kennedy’s sentence of 70 months is within his advisory guideline range, and we
ordinarily expect that a sentence within the advisory range is reasonable, see
United States v. Hunt, 526 F.3d 739, 746 (11th Cir. 2008). And Kennedy’s
sentence is below his maximum statutory sentence of 20 years of imprisonment.
See United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008).
We AFFIRM Kennedy’s sentence.

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