United States v. John R. Arnold

Good Law
967 F.2d 592·1992 WL 125352·1992 U.S. App. LEXIS 24192
United States Court of Appeals for the Ninth CircuitJune 8, 199291-10347California574 words

Opinion

Opinion

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. John R. ARNOLD, Defendant-Appellant. No. 91-10347. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1992. Decided June 8, 1992. Before FERGUSON, REINHARDT and KOZINSKI, Circuit Judges. MEMORANDUM * The district court enhanced Arnold's sentence two levels for obstruction of justice under Sentencing Guidelines section 3C1.1 and two levels for more than minimal planning under section 2B1.1(b)(5). Arnold appeals. A. We agree with Arnold that the district court erred by imposing the two-level enhancement for obstruction of justice. The district court concluded that Arnold had been "less than forthright in his initial contacts with the government, his dealings with the probation office, his various attempts to make things look different from what they are. And all of those do add up to an obstruction of justice that justifies the addition of…

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