United States v. Ruben Rodriguez-Razo
Opinion
Opinion
Boochever, J.
Ruben Rodriguez-Razo appeals his 63-month sentence on the ground that the district court erred in adjusting his base offense level upward by two points for obstruction of justice. We vacate his sentence and remand.
BACKGROUND
Rodriguez-Razo was convicted after pleading guilty to attempted possession of marijuana with intent to distribute, a violation of 21 U.S.C. §§ 846 , 841(a)(1), and 18 U.S.C. § 2 . During two presentence interviews, at which his attorney was not present, Rodriguez-Razo failed to disclose three prior criminal convictions which he sustained under a different name: two for driving under the influence and one for transportation and sale of marijuana. When the probation officer questioned him specifically about the drug conviction, however, he admitted it. Rodriguez-Razo conceded to her that he did not reveal these convictions in order to avoid a longer prison sentence. Based on Rodriguez-Razo’s concealment of this information, the probation officer recommended a two-point upward adjustment for obstruction of justice. The district court accepted this recommendation and sentenced Rodriguez-Razo to 63 months in prison.