United States v. Indalecio Castro-Ponce

During his trial on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and conspiracy to launder monetary instruments, appellant Indalecio Castro-Ponce (“Castro-Ponce”) testified in his own defense. His testimony included elaborate explanations for his purportedly suspicious activities. Castro-Ponce was convicted of the possession and conspiracy to possess charges. At the sentencing hearing, the district court imposed enhancements for obstruction of justice and for Castro-Ponce’s leadership role in the drug conspiracy. Castro-Ponce appeals the obstruction of justice enhancement. We have jurisdiction under 28 U.S.C. § 1291 . Because the district court did not make explicit findings that Castro-Ponce’s false statements were willful and material, we vacate the enhancement and remand for re-sentencing.

I

The government’s investigation into Castro-Ponce began in January 2012 when he was intercepted over a wiretap speaking with someone thought to be involved in narcotics trafficking. Pursuant to warrants, the government began wiretapping Castro-Ponce’s phones, tracking his phones and car, and…