United States v. Robert Christman

We consider whether the district court erred in sentencing the defendant under the Sentencing Guidelines when it found (1) he was a “minor” rather than a “minimal” participant in the offense, and (2) he willfully impeded or obstructed the administration of justice. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

A federal grand jury returned a seven-count indictment against three defendants, including Robert Christman, alleging drug offenses. Christman was charged with using the telephone to negotiate the price and quantity of drugs on behalf of one of the other defendants, and derived no profit from the drug transactions. He pleaded guilty to one count of using a telephone to facilitate a cocaine conspiracy, in violation of 21 U.S.C. §§ 843 (b), 846, and 841(a)(1).

The probation office prepared a presen-tence report, recommending that (1) Christ-man’s sentence be reduced two points under Sentencing Guideline § 3B1.2(b) for his “minor” role in the offense, (2) his sentence be enhanced two points for obstruction of justice under § 3C1.1, and (3) there be no reduction for acceptance of responsibility under § 3E1.1. He objected to these recommendations but,…