United States v. Michael Morris

MEMORANDUM

Michael Morris challenges the 156-month sentence imposed following his jury-trial conviction for conspiring to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Morris challenges his sentence in four ways. First, he argues that he was deprived of due process because the district court relied on unreliable evidence to impose a two-level enhancement for obstruction of justice under U.S. Sentencing Guidelines (“U.S.S.G.”) § 3C1.1. The district court “may consider relevant information without regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy.” U.S.S.G. § 6A1.3(a); see also United States v. Vanderwerfhorst, 576 F.3d 929, 935 (9th Cir.2009). We review the district court’s determination of reliability for abuse of discretion. United States v. Felix, 561 F.3d 1036, 1040 (9th Cir.2009).

The district court based its decision to impose the enhancement on the trial testimony of Morris’s co-conspirator, Kristopher Hensley. Hensley testified that…