United States v. Alireza Bakhtiari

714 F.3d 1057, 2013 WL 1891331, 2013 U.S. App. LEXIS 9361
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 8, 2013
Docket12-3813
StatusPublished
Cited by5 cases

This text of 714 F.3d 1057 (United States v. Alireza Bakhtiari) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alireza Bakhtiari, 714 F.3d 1057, 2013 WL 1891331, 2013 U.S. App. LEXIS 9361 (8th Cir. 2013).

Opinion

PER CURIAM.

Alireza Bakhtiari pleaded guilty to one count of obstructing an official proceeding in violation of 18 U.S.C. § 1512(c)(2). The district court 1 sentenced him to fifty-one months in prison and three years of supervised release. Bakhtiari raises four challenges to his sentence. We reject his arguments and affirm.

I

From 2009 to 2012, B.H., a St. Louis lawyer, defended the same corporate client in three pro se lawsuits brought by Bakhti-ari. The first two lawsuits settled. In the third suit, for defamation, B.H. came to suspect that Bakhtiari had forged the allegedly defamatory emails “sent” by B.H.’s client on its letterhead. According to B.H., Bakhtiari sent the emails, which accused Bakhtiari of sex trafficking, in an attempt to manufacture facts which would give rise to a defamation suit. B.H. filed a motion to inspect computer equipment Bakhtiari possessed. The district court granted the motion and ordered Bakhtiari to make his computer equipment available within fourteen days. Bakhtiari .did not comply. B.H. then filed a motion for sanctions and contempt against Bakhtiari, informing the court of Bakhtiari’s non-compliance.

*1060 The next day, B.H. received an email at his work address. The sender was an account opened in his son’s and daughter-in-law’s names. The email, titled, “Eric and Jamie sitting in a tree,” called B.H. offensive terms and included six attached photographs: three of B.H.’s house, two of B.H.’s son and daughter-in-law, in which a rifle cross-hairs had been imposed upon their faces, and one of a young girl who the file name referred to as, but in fact was not, B.H.’s daughter. B.H. was upset. He took the email as an implied threat against his family. He referred the email to the U.S. Attorney’s office, and an investigation began.

Three days later, G.F., B.H.’s law partner, went to Bakhtiari’s house to inspect the equipment described in the court order. A computer consultant and court reporter joined them. While they were at the house, Bakhtiari drew G.F. into a bedroom, at which time he pulled out a hunting rifle with an affixed scope from under his bed. He opened the bolt action of the rifle, ejected a bullet from the chamber, and asked G.F. if he wanted it. G.F. declined and left the room. G.F., who was aware of the email sent to B.H., took the display of the rifle as a message that Bakhtiari had sent the email and was willing to carry out his implied threat.

Authorities continued to investigate. They executed a federal search warrant on Bakhtiari’s workplace computer, where they discovered photographs of B.H.’s son and daughter-in-law, with and without the cross-hairs. They also discovered the threatening email had been sent from a server at a hotel in rural Missouri. Bakht-iari’s personal cellular phone had “hit” on cell towers near the hotel around the time the email was sent.

A grand jury indicted Bakhtiari for sending a threatening communication in interstate commerce in violation of 18 U.S.C. § 875(c). Bakhtiari represented himself at trial, with hybrid counsel also present. On May 29, 2012, Bakhtiari filed a “Motion To Dismiss Indictment On The Basis Of Governmental Misconduct.” The motion alleged the federal agents who arrested Bakhtiari subjected him and his then-girlfriend to “torture” and “sexual abuse,” including shackling them naked to furniture inside Bakhtiari’s home. Bakhti-ari brought this motion only after he was unable to reach a plea agreement with the government. Several photographs taken during the execution of the search warrant and arrest showed Bakhtiari and his then-girlfriend clothed and seated comfortably.

Government counsel notified Bakhtiari’s hybrid counsel that Bakhtiari could be subject to additional charges for perjury, false statements, and obstruction of justice for his false allegations against federal agents. Bakhtiari then pleaded guilty to obstruction of justice in violation of 18 U.S.C. § 1512(c)(2). He swore he had forged the “defamatory” documents in the civil lawsuit B.H. defended, he had caused the threatening email to be sent to B.H., and he had fabricated the “torture” allegations against federal officials. In exchange, the government dropped the threatening communication in interstate commerce charge and declined to bring additional charges. The stipulation of facts in the plea agreement, which included these admissions, was read into the record at the plea colloquy.

After his guilty plea, however, Bakhtiari made several statements denying he was guilty of the crime to which he had pleaded guilty. For example, he told the local newspaper his former employer was responsible for sending the threatening email, and did so to retaliate against Bakhtiari for “blowing the whistle” on the St. Louis City Water Division regarding elevated levels of chlorine in St. Louis *1061 water. In his pro se objections to the Presentence Investigation Report (PSR), Bakhtiari also stated he only “inadvertently” caused the sending of the threatening email and did not intend to intimidate anyone or obstruct the civil suit by displaying the hunting rifle to G.F.

The PSR recommended the imposition of an eight-level enhancement for threatening to cause physical injury to the person of another, United States Sentencing Guidelines Manual (“U.S.S.G.”) § 2J1.2(b)(l)(B), and a two-level enhancement for offense conduct that was extensive in scope, planning, and preparation. Id. § 2J1.2(b)(3)(C). Although the PSR initially recommended a three-level reduction for acceptance of responsibility, the final version of the Report recommended revoking the reduction because of Bakhti-ari’s statements purporting to deny responsibility. At the conclusion of the sentencing hearing, the court imposed the two enhancements and denied the reduction. With a total Offense Level of 24 and a Criminal History Category of I, Bakhti-ari’s advisory guidelines range was 51-63 months. The district court sentenced Bakhtiari to 51 months, the bottom end of the range. Bakhtiari appealed.

II

Bakhtiari challenges the application of the two enhancements and the denial of the reduction. He also claims his within-guidelines sentence is substantively unreasonable.

A. Obstruction of Justice

Section 2J1.2(b)(l)(B) mandates an eight-level enhancement “[i]f the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to obstruct the administration of justice.” Bakhtiari argues the email and display of the rifle were not threats. Rather, they were intended, at most, to “intimidate and chill B.H.’s advocacy on behalf of his client [in the defamation suit].” Appellant’s Br. 12. His actions are the kind of “lesser threats” U.S.S.G. § 2J1.2(b)(l)(B) does not include. United States v. Sanchez, 676 F.3d 627, 632 (8th Cir.2012) (citing United States v. Duarte,

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741 F.3d 908 (Eighth Circuit, 2014)

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Bluebook (online)
714 F.3d 1057, 2013 WL 1891331, 2013 U.S. App. LEXIS 9361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alireza-bakhtiari-ca8-2013.