United States v. Henry J. Uscinski

369 F.3d 1243, 93 A.F.T.R.2d (RIA) 2252, 2004 U.S. App. LEXIS 9293, 2004 WL 1066605
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 12, 2004
Docket03-11377
StatusPublished
Cited by28 cases

This text of 369 F.3d 1243 (United States v. Henry J. Uscinski) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Henry J. Uscinski, 369 F.3d 1243, 93 A.F.T.R.2d (RIA) 2252, 2004 U.S. App. LEXIS 9293, 2004 WL 1066605 (11th Cir. 2004).

Opinion

PER CURIAM:

In 2002, Appellant Henry Uscinski pleaded guilty to violating 26 U.S.C. § 7201 by filing a false tax return for the 1996 tax year in which he knowingly understated his taxable income by $1,551,863. At sentencing, the district court enhanced Uscinski’s sentence for obstruction of justice and fined Uscinski $250,000. Uscinski appeals the enhancement and the amount of the fine. We affirm, except we vacate and remand on the amount of the fine.

BACKGROUND

In January 1996, Appellant Henry Us-cinski began representing Claude Louis DuBoc in extradition proceedings. The government had informed Uscinski that all of DuBoc’s funds were drug-tainted and forfeitable to the United States. In May 1996, DuBoc gave Uscinski authority to handle DuBoc’s financial affairs with respect to DuBoc’s account in Austria. Between August and November 1996, Us-cinski withdrew for his personal use approximately $1,500,000 from DuBoc’s account. Uscinski then transferred those funds to various banks. Uscinski did not report the funds as income on his 1996 federal income tax return.

In 1997, the government began investigating the existence of DuBoc’s previously *1246 unknown Austrian bank account. During that investigation, the government learned of Uscinski’s control over the account and his transfers of funds. The government also found a letter from another of Du-Boc’s attorneys to Uscinski with an article on countries having lax money laundering regulations.

Thereafter, the government asked Us-cinski about the Austrian account. Uscin-ski lied about the location of the money transferred and about the purpose of the transfers — stating that the money was used to support DuBoc’s family. Based on that conversation, the government, with the help of foreign governments, traced the money to determine if it had been used for DuBoc’s family — it had not. Instead, the government discovered that the money had been used for Uscinski’s personal benefit.

Thereafter, the government charged Us-cinski with tax evasion, and he pleaded guilty to the offense. Useinski’s Pre-Sen-tencing Investigation report recommended a two-level increase for obstruction of justice and stated that $250,000 was the statutory maximum fine. The district court sentenced Uscinski to 42-month’s imprisonment and a $250,000 fíne.

DISCUSSION

Uscinski argues that the district court erred in imposing an enhancement for obstruction of justice because (1) the district court did not enter specific findings of fact; (2) Uscinski’s acts did not obstruct justice; and (3) imposition of the enhancement amounts to impermissible double counting. When a district court imposes an enhancement for obstruction of justice, this Court reviews the district court’s factual findings for clear error and its application of the sentencing guidelines to those facts de novo. 18 U.S.C. § 3742; United States v. Bradford, 277 F.3d 1311, 1315 (11th Cir.2002).

Sentencing Guidelines § 3C1.1 provides for a two-level enhancement if “the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the course of the investigation, prosecution, or sentencing of the instant offense of conviction.” U.S.S.G. § 3C1.1. And application note 4(g) mandates the enhancement if a defendant made a material false statement to a law enforcement officer and that statement significantly obstructed or impeded the investigation. Id. comment. (n.4(g)).

I. Findings of Fact.

Uscinski first argues that the district court erred in applying an obstruction enhancement because the court failed to make adequate findings of fact. To permit meaningful appellate review, a district court should make specific findings of fact when applying § 3C1.1. United States v. Alpert, 28 F.3d 1104, 1107-08 (11th Cir.1994) (en banc). For false statements, a district court “must find that the statements were false and material” and “must also explain how the statements significantly obstructed or impeded the investigation or prosecution of the offense.” Id. But a remand is unnecessary if the record clearly reflects the basis for enhancement. United States v. Taylor, 88 F.3d 938, 944 (11th Cir.1996).

In this case, the record clearly reflects the basis for the district court’s enhancement: the enhancement was based upon Uscinski’s statements that the money had been transferred to support DuBoc’s family. Uscinski does not dispute that his statements were false and material. Therefore, we need not remand for additional findings.

*1247 II. Obstruction of Justice.

Uscinski next argues that his false statements did not obstruct the government’s investigation. Although a defendant’s denial of guilt will not support an enhancement for obstruction, Uscinski’s statement was more than a denial of guilt: Uscinski’s statements caused the government to take the additional and unusual step of having foreign governments trace the $1,551,863 to determine if the money went to DuBoc’s family. See United States v. Salemi, 26 F.3d 1084, 1088 (11th Cir.1994) (concluding that defendant’s false statements were not merely denials of guilt because they were made to impede and misdirect the government’s investigation). Because Uscinski did not simply deny his guilt, but instead concocted a false, exculpatory story that misled the government, the district court did not err concluding that Uscinski significantly obstructed justice.

III. Double Counting.

Uscinski also argues that the district court erred in applying the enhancement for obstruction because doing so amounted to impermissible double counting. Uscinski argues that double counting occurred because his false statements were part of his offense of tax evasion.

This Court reviews de novo a claim of double counting. United States v. Naves, 252 F.3d 1166, 1168 (11th Cir.2001). Impermissible double counting occurs “when one part of the Guidelines is applied to increase a defendant’s punishment on account of a kind of harm that has already been fully accounted for by application of another part of the Guidelines.” Id. “Double counting is permitted if the Sentencing Commission intended the result, and if the result is permissible because each section concerns conceptually separate notions related to sentencing.” Id. (citation and quotations omitted). “Absent a specific direction to the contrary, we presume that the Sentencing Commission intended to apply separate guideline sections cumulatively.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Rodney Choute
Eleventh Circuit, 2026
United States v. Diana Robinson
83 F.4th 868 (Eleventh Circuit, 2023)
United States v. Alan Scott Hobbs
619 F. App'x 843 (Eleventh Circuit, 2015)
United States v. Andrew Gareth Nelson
609 F. App'x 559 (Eleventh Circuit, 2015)
United States v. Patricia Denese Anderson
542 F. App'x 893 (Eleventh Circuit, 2013)
United States v. Willie Daren Durrett
524 F. App'x 492 (Eleventh Circuit, 2013)
United States v. Mark Hopkins
509 F. App'x 765 (Tenth Circuit, 2013)
United States v. Allen Caprice Stoudemire
491 F. App'x 124 (Eleventh Circuit, 2012)
United States v. Henry Max Rushen
462 F. App'x 869 (Eleventh Circuit, 2012)
United States v. Mark S. Maggert
428 F. App'x 874 (Eleventh Circuit, 2011)
In Re Uscinski
2 A.3d 154 (District of Columbia Court of Appeals, 2010)
United States v. Carlos Diaz
377 F. App'x 883 (Eleventh Circuit, 2010)
United States v. Troy Nolan Harkness
305 F. App'x 578 (Eleventh Circuit, 2008)
United States v. Antonio Lee Tyler
277 F. App'x 866 (Eleventh Circuit, 2008)
United States v. Jesus Francisco Frias
258 F. App'x 243 (Eleventh Circuit, 2007)
United States v. Orin Cort
Eleventh Circuit, 2007
United States v. Teyon Malik Herring
216 F. App'x 927 (Eleventh Circuit, 2007)
United States v. Alfredo Garcia
213 F. App'x 923 (Eleventh Circuit, 2007)
United States v. Kaytrena J. Francis
196 F. App'x 808 (Eleventh Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
369 F.3d 1243, 93 A.F.T.R.2d (RIA) 2252, 2004 U.S. App. LEXIS 9293, 2004 WL 1066605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-henry-j-uscinski-ca11-2004.