United States v. James Kenneth Gardner

James Kenneth Gardner appeals his 147-month sentence under the United States Sentencing Guidelines (“U.S.S.G.”) for one count of bank robbery, in violation of 18 U.S.C. § 2113 (a); two counts of armed bank robbery, in violation of 18 U.S.C. § 2113 (a)(d); and one count of using a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). Gardner contends the district court erred by enhancing his guideline range for obstruction of justice, by failing to consider the kind of duress required for a downward departure under section 5K2.12, by failing to explain by appropriate findings why it refused to depart under section 5K2.0, and by failing adequately to explain the reason for the sentence it imposed.

The district court had jurisdiction under 18 U.S.C. § 3231 . Notice of appeal was timely filed. Fed.R.App.P. 4(b). We have jurisdiction under 28 U.S.C. § 1291 .

We vacate Gardner’s sentence and remand for resentencing, because the district court disregarded any mens rea requirement in increasing Gardner’s offense level for obstruction of justice under U.S.S.G. § 3C1.1 (Nov. 1991).

1. Obstruction of Justice

“Whether a defendant obstructed justice under the Guidelines…