United States Ninth Circuit

Defendant's sentence for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana is affirmed where, rather than calculating the recommended sentences for failure to appear and the underlying conviction separately, the district court should account for failure to appear by enhancing the sentence for the underlying conviction pursuant to Guidelines section 3C1.1 for obstruction of justice and Guidelines section 3C1.3 for commission of an offense while on release, and the district court properly did so in this case.

Appellate Information

• Decided 07/27/2010
• Published 07/27/2010

Judges

• N.R. Smith

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christina M. Cabanillas, Stanton Bloom