U.S. v. Mikulski

Dist. Ct. did not err in imposing above-guideline, 48-month term of incarceration on charge of unlawful possession of firearm, even though said sentence was based, in part, on Dist. Ct.’s finding that defendant qualified for obstruction of justice enhancement based on phone call that defendant made at police station to his mother to throw away gun located in defendant’s bedroom. While defendant argued that obstruction of justice enhancement was not proper, since he did not intend to obstruct any investigation, and since no federal investigation had begun by time he made his phone call to his mother, Ct. of Appeals found that said enhancement was properly imposed, where: (1) applicable guidelines do not distinguish between state and federal investigations; and (2) state investigators had begun investigating defendant’s involvement in shooting incident that formed basis of instant charge, and thus defendant had interfered with that investigation when he directed his mother to hide gun. Fact that police overheard defendant’s phone call to his mother did not require different result. Ct. further found that defendant’s criminal history and circumstances of charged offense justified imposition of above-guideline sentence.