Dist. Ct. did not commit plain error in sentencing defendant to 90-month term of incarceration on charges of Hobbs Act robbery and use of firearm during robbery, where sentence was based, in part, on obstruction of justice enhancement under section 3C1.1 of USSG, where Dist. Ct. had found that defendant committed perjury during suppression hearing, and where defendant repeatedly violated no-contact order, which prohibited defendant from contacting girlfriend in effort to have her change her story. Either factor would be enough to support imposition of enhancement, and defendant’s failure to object to enhancement at sentencing hearing allowed Dist. Ct. to adopt findings of presentence report regarding enhancement. Moreover, presentence report contained sufficient facts to support obstruction of justice enhancement, where defendant had instructed girlfriend to alter her story to police and to withdraw her cooperation with police, where instructions took place after no-contact order had been entered.
Federal 7th Circuit Court
Criminal Court
Sentencing