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U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Instant Offense

U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse) by In this case the Court affirmed the use of an obstruction of justice enhancement under USSG § 3C1.1for conduct in which the defendant attempted to obstruct justice on behalf of a co-conspirator, …

U.S. v. Barnes, No. 96-50611 (9th Cir.) (125 F.3d 1287) (September 18, 1997) (Judge Melvin Brunetti)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Barnes, No. 96-50611 (9th Cir.) (125 F.3d 1287) (September 18, 1997) (Judge Melvin Brunetti) by United States v. Barnes, 125 F.3d 1287 (9th Cir. 1997) (Judge Brunetti) United States v. Webster, 125 F.3d 1024 (7th Cir. 1997) (Judge Ripple) United States v. McLaughlin, 126 F.3d 130 (3rd Cir. …

U.S. v. McLaughlin, No. 96-1982 (3rd Cir.) (126 F.3d 130) (September 11, 1997) (Judge William W. Schwarzer)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. McLaughlin, No. 96-1982 (3rd Cir.) (126 F.3d 130) (September 11, 1997) (Judge William W. Schwarzer) by Sentence enhancement for obstruction of justice based on perjury vacated due to lack of evidence that defendant gave false testimony with willful intent to deceive. United States v. Barnes, 125 F.3d 1287 …

U.S. v. Marmolejo, No. 95-20983 (5th Cir.) (106 F.3d 1213) (February 21, 1997) (Judge Patrick E. Higginbotham)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Marmolejo, No. 95-20983 (5th Cir.) (106 F.3d 1213) (February 21, 1997) (Judge Patrick E. Higginbotham) by Court held that there were no extraordinary circumstances present to defeat the language of Note 4 to § 3E1.1, which states that an acceptance of responsibilty adjustment is ordinarily unavalable if the …

U.S. v. McQueen, No. 94-4701 (11th Cir.) (86 F.3d 180) (June 20, 1996) (Judge Paul H. Roney)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. McQueen, No. 94-4701 (11th Cir.) (86 F.3d 180) (June 20, 1996) (Judge Paul H. Roney) by The Government appealed the sentence imposed on the defendant after his conviction for tampering with a witness in violation of 18 U.S.C. § 1512(b)(3). The applicable Guideline provision for that crime is …

U.S. v. Hernandez, No. 95-1604 (2nd Cir.) (83 F.3d 582) (May 10, 1996) (Judge Guido Calabresi)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Hernandez, No. 95-1604 (2nd Cir.) (83 F.3d 582) (May 10, 1996) (Judge Guido Calabresi) by Perhaps it pays to have been a Special Agent of the DEA when charged with a crime. Here, the defendant was such a Special Agent until she was indicted and charged with embezzling …

U.S. v. Strang, No. 95-1198 (7th Cir.) (80 F.3d 1214) (April 10, 1996) (Judge Terrence T. Evans)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Instant Offense

U.S. v. Strang, No. 95-1198 (7th Cir.) (80 F.3d 1214) (April 10, 1996) (Judge Terrence T. Evans) by One of the defendants in this case had his sentence enhanced for obstruction of justice under § 3C1.1, because he perjured himself while testifying for the Government at his codefendant's trial. On …

U.S. v. Williams, No. 95-1359, No. 683 (2nd Cir.) (79 F.3d 334) (March 27, 1996) (Judge John M. Jr. Walker)

Article • April 1, 1996 • from P&J April, 1996

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Williams, No. 95-1359, No. 683 (2nd Cir.) (79 F.3d 334) (March 27, 1996) (Judge John M. Jr. Walker) by The defendant in this case was convicted on two drug counts, after a trial at which he testified. At sentencing, Judge Johnson accepted the recommendation of the Probation Office …

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple)

Article • December 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Garcia, No. 94-3781 (7th Cir.) (69 F.3d 810) (November 3, 1995) (Judge Kenneth F. Ripple) by Case held that enhancement for obstruction of justice was appropriate where defendant gave materially false information during pretrial invesitgation even if it did not result in a significant hindrance to the investigation …

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Washington, No. 93-50786 (9th Cir.) (66 F.3d 1101) (October 4, 1995) (Judge Stephen Reinhardt) by Court holds that a 1991 amendment to § 2J1.2 (which permitted application of a cross-reference to a defendant who was not an accessory - was a substantive amendment - not a clarifying one …

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam)

Article • October 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Otto, No. 95-1104 (8th Cir.) (64 F.3d 367) (August 23, 1995) (Judge C. Arlen Beam) by Court approved an enhancement for obstruction of justice, stating that it "need not consider whether the attempt had any actual effect on the investigation.". United States v. Cardona-Rivera, 64 F.3d 361 (8th …

U.S. v. Cardona-Rivera, No. 94-3962 (8th Cir.) (64 F.3d 361) (August 23, 1995) (Judge Richard S. Arnold)

Article • October 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Cardona-Rivera, No. 94-3962 (8th Cir.) (64 F.3d 361) (August 23, 1995) (Judge Richard S. Arnold) by Case held that false statements made by defendant to presentence officer regarding his nationality, background and family, which were later corrected, could not be considered material for purposes of enhancement under § …

U.S. v. Stites, No. 94-50123 (9th Cir.) (56 F.3d 1020) (June 27, 1995) (Judge John T. Jr. Noonan)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Stites, No. 94-50123 (9th Cir.) (56 F.3d 1020) (June 27, 1995) (Judge John T. Jr. Noonan) by Case held that an enhancement for obstruction of justice was improper when it was based on the defendant's refusal to provide current financial information to his probation officer and/or his flight …

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Austin, No. 94-2541 (7th Cir.) (54 F.3d 394) (May 5, 1995) (Judge Joel L. Flaum) by "The Supreme Court held in Dunnigan [U.S. v. Dunnigan, 122 L.Ed.2d 445 (1993)] that when the district court bases a § 3C1.1 enhancement on the defendant's perjury at trial, it should preferably …

U.S. v. Pelliere, No. 94-3061 (10th Cir.) (57 F.3d 936) (June 13, 1995) (Judge Stephanie K. Seymour)

Article • July 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Pelliere, No. 94-3061 (10th Cir.) (57 F.3d 936) (June 13, 1995) (Judge Stephanie K. Seymour) by This case reviews the contours of § 3C1.1 of the Guidelines. It firmly holds that "denials of guilt or refusals to talk [to the probation officers] cannot serve as the basis for …

U.S. v. Schmidt, No. 83-3327 (7th Cir.) (47 F.3d 188) (February 1, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Schmidt, No. 83-3327 (7th Cir.) (47 F.3d 188) (February 1, 1995) (Judge John L. Coffey) by What is unclear from this case is whether an obstruction of justice enhancement is proper when the obstructive conduct occurs before any investigation has begun. See U.S. v. Clayton, 172 F.3d 347, …

U.S. v. Dunnigan, No. 90-5669 (4th Cir.) (944 F.3d 178) (August 30, 1991) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Dunnigan, No. 90-5669 (4th Cir.) (944 F.3d 178) (August 30, 1991) (Judge Cynthia Holcomb Hall) by On a decision subsequently reversed by the Supreme Court, the Fourth Circuit held that the sentence enhancement for obstruction of justice contained in USSG § 3C1.1 was unconstitutional because it impermissibly infringed …

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion)

Article • January 1, 1994

Filed under: Punch And Jurists, Instant Offense

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion) by Here the Court held than an obstruction of justice enhancment under USSG § 3C1.1 does not apply to a refusal to testify at a coconspirator's trial because the term "instant offense" can …