U.S. v. Rash

Dist. Ct. did not err in sentencing defendant to 100-month term of incarceration on unlawful possession of firearm charge based, in part, on two-level upward enhancement under section 3C1.1 of USSG for obstruction of justice based on defendant’s false statement that he did not assist in purchase of gun. While defendant argued that enhancement was improper because any false statement was immaterial since he had admitted to possession of gun, defendant’s statement, which attempted to deflect his role in purchasing gun, was material because it enhanced risk of jury nullification, and thus supported imposition of instant enhancement .