United States v. Rigoberto Alvarado-Guizar, True Name Rigoberto Guizar-Alvarado

In this appeal by thé government, we are called on to decide whether a district court may decide not to impose a two-level sentencing enhancement for obstruction of justice, under United States Sentencing Guideline (“U.S.S.G.”) § 3C1.1, without making specific findings to support that decision. Our sister circuits are divided on this question, which is one of first impression for the Ninth Circuit. We join the Second and Eighth Circuits to hold that the district court need not make findings when it declines to apply a § 3C1.1 enhancement and, accordingly, affirm the sentence imposed here.

FACTUAL AND PROCEDURAL HISTORY

In 1998, Drug Enforcement Agency (“DEA”) agents arrested Defendant Rigoberto Alvarado-Guizar, along with three co-conspirators, after a controlled drug transaction with a government informant in Kennewick, Washington. A federal grand jury indicted Defendant on charges of conspiracy and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846. Defendant’s first trial ended in a mistrial after the jury failed to reach a verdict.

At Defendant’s second trial, the government relied on the testimony of convicted co-conspirator…