Tenth Circuit - Chapter 3 Adjustments

United States v. Delgado-Lopez, 974 F.3d 1188 (10th Cir. 2020). The court erred in denying a minor role adjustment under §3B1.2(b). The court relied on pure speculation about the economics of the drug-trafficking scheme and considered the defendant’s refusal to cooperate as basis for denying the adjustment.

United States v. Ansberry, 976 F.3d 1108 (10th Cir. 2020). The court erred when it applied the federal crime of terrorism adjustment at §3A1.4 without determining whether the defendant committed the offense “with the specific intent, to retaliate against government conduct, objectively defined.”

United States v. Ansberry, 976 F.3d 1108 (10th Cir. 2020). The court erred when it applied an official victim adjustment under §3A1.2(a). The enhancement refers specifically to the “offense of conviction” but the court nonetheless relied on relevant conduct to apply the adjustment where the offense of conviction established only attempted use of a destructive device against property.

United States v. Perrault , 995 F.3d 748 (10th Cir 2021). The obstruction of justice enhancement at §3C1.1 applied because of the defendant’s efforts to avoid removal to the United States after he was detained in Morocco. “[P]utting the government to the expense and hassle of retrieving a defendant from a foreign country constitutes obstruction of justice.”

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