United States v. Darrell Buckins

MEMORANDUM

Dawell Buckins appeals from the district court’s judgment and challenges the 14-month sentence imposed following his jury-trial conviction for escape, in violation of 18 U.S.C. § 751 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Buckins contends that the district court erred by imposing a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1. Because the enhancement was based on Buckins’s testimony at trial, the district court was required to review the evidence and make independent findings that Buckins had willfully testified falsely on a material issue. See United States v. Dunnigan, 507 U.S. 87, 94-95 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993). The record reflects that the district court imposed the enhancement based on its conclusion that doing otherwise would contravene the jury’s verdict. However, inconsistency with the jury’s verdict is not sufficient for the findings required by Dunnigan. See United States v. Monzon-Valenzuela, 186 F.3d 1181, 1184 (9th Cir. 1999); see also United States v. Alvarado-Guizar, 361 F.3d 597, 601, 603 (9th Cir. 2004) (district court not required to agree with jury’s…