United States v. Anuar Morales

Anuar Morales appeals his sentence under the Sentencing Guidelines, following a plea of guilty, for conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Morales contends that the district court erred by adjusting his offense level under Guidelines section 3C1.1 for obstruction of justice rather than sentencing him for the separate offense of contempt for his failure to testify against a co-conspirator. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Generally, we review for clear error the district court’s finding that a defendant obstructed justice. United States v. Mondello, 927 F.2d 1463, 1465 (9th Cir.1991). Nevertheless, we review de novo whether a defendant’s conduct constitutes obstruction of justice under U.S.S.G. § 3C1.1. United States v. Rodriguez-Razo, 962 F.2d 1418, 1420 (9th Cir.1992).

Section 3C1.1 provides that “[i]f the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense, increase the offense level by 2 levels.” United States Sentencing Commission,…