U.S. v. Hargis

Dist. Ct. did not err in sentencing defendant to above-guideline, 60-month term of incarceration on charge of use of fire to commit wire fraud, where said sentence was based in part on obstruction of justice and organizer of conspiracy enhancements. Dist. Ct. could properly base sentence on both enhancements where: (1) obstruction of justice enhancement was based on defendant’s testimony at prior change of plea hearing, during which defendant falsely claimed that she attempted to withdraw from conspiracy by instructing arsonist not to set fire to her home; and (2) organizer of conspiracy enhancement was based on fact that defendant hatched idea to burn down her home for insurance proceeds, recruited arsonist to set fire to her home, and attempted to maximize insurance proceeds by filing frivolous lawsuit against insurance company and then lying during deposition in said lawsuit.