USA v. Leonard Letron Summers, No. 06-13001 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-13001 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT July 12, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 05-14101-CR-KAM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEONARD LETRON SUMMERS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (July 12, 2007) Before DUBINA, CARNES and PRYOR, Circuit Judges. PER CURIAM: Leonard Summers appeals his sentence of imprisonment for 188 months for possession with intent to distribute cocaine base. See 21 U.S.C. § 841(a)(1). Summers contends that the district court erred when it determined that his prior escape conviction qualified as a crime of violence and applied the career offender enhancement to his base offense level. Summers's argument is foreclosed by our decision in United States v. Gay, 251 F.3d 950, 954 (11th Cir. 2001), that "a prior escape conviction qualifies as a 'crime of violence' under the career offender guideline." Gay remains the law in this Circuit. The district court did not err. Summers s sentence is AFFIRMED. 2

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