United States v. Manning, No. 11-30150 (9th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to possession and transportation of child pornography. The court affirmed the district court's imposition of a sentencing enhancement pursuant to U.S.S.G. 3C1.1 for obstruction of justice in a case in which defendant pleaded guilty to being a felon in possession of a firearm. The court wrote that defendant's conduct was obstructive with respect to the investigation, prosecution, or sentencing of his felon-in-possession conviction; and it was immaterial that he intended to obstruct only the prior child pornography case in which he was on pretrial release.
Court Description: Criminal Law. The panel affirmed the district court’s imposition of a sentencing enhancement pursuant to U.S.S.G. § 3C1.1 for obstruction of justice in a case in which the defendant pleaded guilty to being a felon in possession of a firearm. The panel wrote that the defendant’s conduct – lying to pretrial services about his possession of firearms, failing to appear for a pretrial release revocation hearing, and fleeing to Mexico – was obstructive “with respect to the investigation, prosecution, or sentencing” of his felon-in-possession conviction; and it was immaterial that he intended to obstruct only the prior child pornography case in which he was on pretrial release.
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