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Sentencing enhancement - Coggle Diagram

- - - - 1st clause: Intent Requirement
        "Must have the intent to obstruct justice"
        2nd clause: Related Requirement
        "Must be related to the conviction and relevant conduct"
    - - Fleeing from arrest does not constitute an obstruction of justice
        We observed, however, that “the word ‘willfully,’ as used in section 3C1.1, requires that the defendant consciously act with the purpose of obstructing justice.” We held that flight from an arresting officer could not constitute obstruction of justice in that case because, “it was not a deliberate pre or post-arrest attempt to frustrate or impede an ongoing criminal investigation.... Rather, Stroud's flight appears to have been a natural attempt to avoid apprehension.” Later, the Sentencing Commission implicitly adopted that holding by amending the commentary to § 3C1.1 to state that “avoiding or fleeing from arrest” was not conduct that would warrant an obstruction of justice enhancement.
      - Potential to impede
        For a defendant's conduct to qualify as obstruction of justice, it must have the “potential to impede” the investigation, prosecution, or sentencing of the defendant. See United States v. McKay, 183 F.3d 89, 95 (2d Cir.1999). It cannot simply be a misrepresentation.
      - An enhancement is ONLY warranted when...
        An enhancement for obstruction of justice is therefore only warranted “if the court finds that the defendant willfully and materially impeded the search for justice in the instant offense.” United States v. Zagari, 111 F.3d 307, 328 (2d Cir.1997) (emphasis added)
  - - - Although a circuit split exists about whether the two-level obstruction enhancement applies to false statements made to obtain appointed counsel, its practical effect may be minimal. Even though the Second Circuit does not believe two levels should be added for this conduct, it recognizes that a court can nonetheless consider this misconduct in its overall determination of the appropriate sentence. Khimchiachvili, 372 F.3d at 82-83.
      - The Guidelines define a “material statement” as a statement “that, if believed, would tend to influence or affect the issue under determination.” U.S.S.G. § 3C1.1 cmt. n.6.