Magana-Guerrero

The principal question in these appeals is when lying to a pretrial services officer amounts to an obstruction of justice under the Sentencing Guidelines.

I

The man known to us as Antonio Magana-Guerrero 1 had nine prior convictions when he was arrested in connection with this ease: three for selling narcotics, one for possessing narcotics for sale, two for possessing narcot *400 ics, and three for driving under the influence. He nevertheless told the pretrial services officer in his bail inteiwiew that he had no prior convictions. He pleaded guilty in this case to one count of conspiring to transport and harbor illegal aliens. On advice of counsel, he declined to discuss his criminal history in his presentence interview with the probation officer. The district court sentenced him to a total of 41 months in jail. Because he lied to the pretrial services officer about his prior convictions, and didn’t correct his lie when he met with the probation officer, the district court increased his offense level for obstruction of justice and declined a downward adjustment for acceptance of responsibility.

The woman indicted under the name of Juana Santana-Molina has at least four…