Ho-Romero

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3848 D.C. No. Plaintiff - Appellee, 3:21-cr-00856-

DMS-

v.

DAVID HO-ROMERO,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted August 18, 2025 Pasadena, California

Filed February 18, 2026

Before: Marsha S. Berzon, Mark J. Bennett, and Jennifer Sung, Circuit Judges.

Opinion by Judge Berzon; Dissent by Judge Bennett USA V. HO-ROMERO

SUMMARY *

Criminal Law

The panel vacated a sentence and remanded for resentencing in a case in which David Ho-Romero pleaded guilty to methamphetamine importation. The district court applied an obstruction of justice enhancement under U.S.S.G. § 3C1.1 on the basis of alleged threats Ho-Romero made to a witness who testified in grand jury proceedings regarding his drug charges. The enhancement requires that a “defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or…