United States v. Wells, No. 20-1228 (10th Cir. 2022)Annotate this Case
Defendant-appellant David Wells brutally assaulted his wife, V.W. A grand jury issued an indictment charging Wells with committing: (1) aggravated sexual abuse in “Indian country;” (2) assault with the intent to commit aggravated sexual abuse in Indian country; (3) assault resulting in serious bodily injury in Indian country; and (4) assault with a dangerous weapon in Indian country. After a petit jury convicted Wells on all four counts, the district court sentenced him to a lengthy term of incarceration. Wells appealed, challenging his convictions and sentence. The Tenth Circuit Court of Appeals determined none of Wells’s challenges to his conviction were meritorious. At sentencing, however, the district court erred in adjusting upward Wells’s total offense level on the basis Wells obstructed justice when he violated an order directing that he have no contact with V.W. The Tenth Circuit remanded the matter to the district court for the narrow purpose of vacating Wells’s sentence and conducting any further necessary proceeding with regard to the section 3C1.1 obstruction-of-justice adjustment.