U.S. v. DeLeon

Dist. Ct. did not err in sentencing defendant to 104-month term of incarceration on counterfeiting charge where said sentence was based in part on finding that defendant had obstructed justice by making admittedly false statements regarding defendant's counsel in motion to withdraw his guilty plea, and on Dist. Ct.'s failure to apply 2-level reduction for acceptance of responsibility arising out of defendant's entry of second guilty plea. Defendant's false statements in successful motion to withdraw first guilty plea were sufficient to constitute obstruction of justice even though defendant eventually recanted said statements on witness stand. Moreover, Ct. could rely on defendant's obstruction, as well as fact that defendant had waited until start of second trial on counterfeiting charge to enter second guilty plea, when denying his request for reduction based on acceptance of responsibility.