United States v. Bakhtiari, No. 12-3813 (8th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to one count of obstructing an official proceeding. On appeal, defendant challenged his sentence of 51 months in prison and three years of supervised release. The court concluded that the district court correctly imposed the eight-level obstruction of justice enhancement under U.S.S.G. 2J1.2(b)(1)(B) and the two-level upward adjustment where defendant's offense was extensive in scope, planning, or preparation under U.S.S.G. 2J1.2(B)(3)(C); the district court correctly denied the two-level reduction for acceptance of responsibility under U.S.S.G. 3E1.1; and defendant's sentence was substantively reasonable. Accordingly, the court affirmed the sentence.
Court Description: Criminal case - Sentencing. Based on the nature of the threats made in the case, the district court did not err in imposing an eight-level enhancement under Guidelines Sec. 2J1.2(b)(1)(B); no error in imposing a two-level enhancement under Guidelines Sec. 2J1.2(b)(3)(C) as defendant undertook extensive planning and preparation; district court did not err in denying a two-level reduction under Guidelines Sec. 3E1.1 where defendant retreated from his admission of guilt at sentencing, revived false allegations and refused to express remorse or accept responsibility for his actions; sentence was not substantively unreasonable.
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