Taylor

MEMORANDUM *

We reverse the enhancement for obstruction of justice under U.S.S.G. § 3C1.1. United States v. Draper, 996 F.2d 982 (9th Cir.1993), and United States v. Takahashi, 205 F.3d 1161 (9th Cir.2000), are both distinguishable, because in both of those cases the appellant was supposed to be in a custodial facility. In Draper , his condition required that he “reside at a community treatment center,” but he didn’t return there at night as he was required to do. In Takahashi the appellant was supposed to be in jail, but he had broken out. Under these circumstances, his “breaking back in” to jail did not mitigate the initial obstruction of justice. By contrast, in this case Taylor was not subject to commitment at any sort of custodial facility. He was on pre-sentence release subject to conditions including that he would “report as directed to the U.S. Pretrial Services office,” and would refrain from using alcohol. He did not wilfully abscond and remain a fugitive for an extended period as in United States v. Petersen, 98 F.3d 502 (9th Cir.1996). Although he violated his conditions by going off to Las Vegas and getting drunk, he voluntarily returned to Portland and turned…