United States v. Galaviz, No. 11-2396 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to distributing methamphetamine and being a felon in possession of a firearm. The district court sentenced Defendant to 151 months' imprisonment. Defendant appealed his sentence, raising as his sole issue the propriety of the district court's enhancement of his sentence for obstructing justice. The district court found that while in prison, after pleading guilty, Defendant engaged in a conspiracy to murder a confidential informant in this case. The Eighth Circuit Court of Appeals reversed the sentence, holding that the sentencing enhancement did not apply because there was no showing the plot was intended to obstruct justice on the instant offense of conviction.
Court Description: Criminal case - Sentencing. District court erred in imposing an enhancement under Guidelines Sec. 3C1.1 for obstruction of justice where there was no showing that the plot to kill the government's informant was intended to prevent him for testifying at defendant's sentencing. Judge Smith, dissenting.
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