United States Tenth Circuit

In determining whether a case is "extraordinary" so as to merit both an acceptance-of-responsibility reduction and an obstruction enhancement, factors for the court to consider include 1) whether the obstruction was an isolated incident or an on-going, systematic effort to obstruct the prosecution, and 2) whether defendant voluntarily terminated his obstructive conduct and truthfully admitted the conduct comprising the offense of conviction.

Appellate Information

• Decided 03/17/2004
• Published 03/17/2004

Judges

• TYMKOVICH, Circuit Judge., Before TYMKOVICH and McWILLIAMS, Circuit Judges, and PAYNE, Chief District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Richard A. Winterbottom, Assistant Federal Public Defender (Roger A. Finzel, Assistant Federal Public Defender, on the briefs), Office of the Federal Public Defender, Albuquerque, NM, for Defendant-Appellant/Cross-Appellee., Tara C. Neda, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee/Cross-Appellant.