United States Fifth Circuit

The district court erred in applying the sentence enhancement under U.S.S.G. section 3C1.1.6, where defendant's statements to the FBI did not actually impede the investigation, but were a refusal to assist the authorities in the investigation of illegal aliens.

Appellate Information

• Decided 03/10/2003
• Published 03/10/2003

Judges

• DeMOSS, Circuit Judge:, Before DeMOSS and STEWART, Circuit Judges, and FALLON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee., John Michael Hurley, Waco, TX, for Defendant-Appellant.