|
|
|
| Obstruction of Justice |
|
United States v. Contreras,
No. 06-4144 (10th Cir., October 31, 2007) (Published): Federal Sentencing Guidelines; Obstruction of Justice: The panel stated that this case presents a matter of first impression for this circuit: Whether the Sentencing Guidelines enhancement for obstruction of justice, United States Sentencing Guidelines Manual sec. 3C1.1 (2002), applies when a defendant's obstructive conduct occurred during the prosecution of state charges preceding the federal indictment, but both federal and state charges were based on the same underlying conduct." We hold that, in this case, it does. This case involved a traffic stop and subsequent finding of drugs (the search was lawful). Contreras, who was also charged in state court, fled to Mexico. Eight months later she was arrested crossing the border. The "obstruction" allegation contained in the PSR was her failure to appear at her state-court hearing. NOTE: Six circuits have held that obstruction of state court proceedings does qualify for the enhancement (the Second, Third, Fourth, Sixth, Eighth, and Eleventh); while one circuit has held to the contrary (the Seventh).
|
|
|
|
