United States Second Circuit

By faking his own death in the 9/11 attacks to avoid prosecution for passport fraud, defendant caused the government to expend substantial additional resources, justifying the enhancement for substantial interference with justice. Failure to group the obstruction count with the New York passport fraud count was error, as was the failure to consider a reduction for acceptance of responsibility; the 6-level upward departure was justified by the nature of the obstruction.

Appellate Information

• Decided 03/01/2004
• Published 03/01/2004

Judges

• B.D. PARKER, Jr., Circuit Judge., Before:  VAN GRAAFEILAND, B.D. PARKER, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Neil M. Barofsky, Assistant United States Attorney (Meir Feder, Assistant United States Attorney, on the brief), for James B. Comey, United States Attorney for the Southern District of New York, New York, NY, for Appellee., Richard M. Strassberg (Eric D. Musselman, on the brief), Goodwin Procter LLP, New York, NY, for Defendant-Appellant.