USA V. HO-ROMERO
Split Score
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Case Summary
Disposition
Vacated
The Ninth Circuit vacated David Ho-Romero’s 60-month sentence for methamphetamine importation and remanded for resentencing because the district court applied the U.S.S.G. § 3C1.1 obstruction-of-justice enhancement without finding that Ho-Romero subjectively intended to obstruct justice. Relying on United States v. Lofton, the panel held that § 3C1.1 requires a mens-rea finding; it rejected the government’s request to follow Second Circuit precedent allowing an ‘inherently obstructive’ objective test.
Circuit Split Identified
Legal Issue
Whether application of the U.S.S.G. § 3C1.1 obstruction-of-justice enhancement requires a finding that the defendant subjectively intended to obstruct justice (mens rea) when the alleged conduct is a threat, or whether objectively ‘inherently obstructive’ conduct suffices.
Circuit Positions
Specific-intent required: § 3C1.1 applies only if the defendant consciously acted with the purpose of obstructing justice.
Objective ‘inherently obstructive’ conduct can support § 3C1.1 without separate proof of intent.
Conflict Summary
The Ninth Circuit holds that a court must find the defendant willfully (i.e., with specific intent) attempted to obstruct justice before applying § 3C1.1, even in threat cases. The Second Circuit has permitted application of § 3C1.1 where the defendant’s conduct is ‘inherently obstructive,’ allowing an objective showing without separate proof of subjective intent.