United States v. Michael Pauckert

MEMORANDUM

Michael James Pauckert appeals his sentence for unlawfully possessing a firearm, an explosive, and materials for creating fraudulent identifications. Pauckert contends that his sentence was procedurally and substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 . We vacate the sentence and remand to the district court for further action.

1. The district court properly imposed a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1:1. Pauckert’s instruction to Dodge to destroy the printers that were used to create the fraudulent identification materials may be subject to more than one interpretation, but the district court did not clearly err in concluding that the instruction was given with the purpose of destroying material evidence. See United States v. Garro, 517 F.3d 1163, 1171 (9th Cir.2008) (holding that district court’s factual findings for purposes of obstruction enhancement are reviewed for clear error). Under § 3C1.1, Application Note 4(D), “directing or procuring” someone to destroy evidence material to an investigation or judicial proceeding qualifies as obstruction. To be material, it is enough that , the conduct had the…