United States Eleventh Circuit

Eighty-seven-month sentence for guilty plea to conspiracy to import 100 grams or more of heroin and assault on a federal officer is affirmed over claims of error in enhancing sentence by 2 levels for attempting to obstruct the administration of justice under U.S.S.G. section 3C1.1 (2004), both because of: 1) lacking the capacity to "willfully" obstruct justice; and 2) actions did not materially hinder the investigation or prosecution. However, because of clerical error in the judgment, the case is vacated and remanded.

Appellate Information

• Decided 03/23/2006
• Published 03/23/2006

Judges

• BIRCH, Circuit Judge:, Before BIRCH and MARCUS, Circuit Judges, and NANGLE , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Mauricio L. Aldazabal (Court-Appointed), Miami, FL, for Defendant-Appellant., Jeanne Marie Mullenhoff, Anne R. Schultz, Asst. U.S. Atty., Lisa T. Rubio, Miami, FL, for Plaintiff-Appellee.