United States v. Jose Barrios

MEMORANDUM

Jose Encarnación P. Barrios appeals his sentence for misprision of felony. 18 U.S.C. § 4 . We affirm.

Primarily, Barrios asserts that the district court erred when it upwardly adjusted his offense score by two levels for obstruction of justice. See USSG § 3C1.1. We disagree. Had the upward adjustment been imposed for the misprision offense he committed during the period from June 19, 2003, to November 4, 2003, it might have been improper, but it was properly imposed for his absconding after his release to pretrial supervision following his arraignment on the original indictment. The district court did not err.

Because the district court properly applied the adjustment for obstruction of justice, and Barrios failed to show (or even argue) that this is an extraordinary case which demands a different conclusion, the district court did not err when it denied an adjustment for acceptance of responsibility. See USSG § 3E1.1 & comment, (n. 4-5); United States v. Thompson, 80 F.3d 368, 371 (9th Cir.1996). Thus, we affirm.

AFFIRMED, but REMANDED for correction of judgment.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth…