United States v. Magana-Guerrero

80 F.3d 398, 96 Cal. Daily Op. Serv. 2382, 96 Daily Journal DAR 3959, 1996 U.S. App. LEXIS 6611
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 8, 1996
DocketNos. 95-50066, 95-50067
StatusPublished
Cited by29 cases

This text of 80 F.3d 398 (United States v. Magana-Guerrero) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Magana-Guerrero, 80 F.3d 398, 96 Cal. Daily Op. Serv. 2382, 96 Daily Journal DAR 3959, 1996 U.S. App. LEXIS 6611 (9th Cir. 1996).

Opinion

KOZINSKI, Circuit Judge.

The principal question in these appeals is when lying to a pretrial services officer amounts to an obstruction of justice under the Sentencing Guidelines.

I

The man known to us as Antonio Magana-Guerrero1 had nine prior convictions when he was arrested in connection with this ease: three for selling narcotics, one for possessing narcotics for sale, two for possessing narcot[400]*400ics, and three for driving under the influence. He nevertheless told the pretrial services officer in his bail inteiwiew that he had no prior convictions. He pleaded guilty in this case to one count of conspiring to transport and harbor illegal aliens. On advice of counsel, he declined to discuss his criminal history in his presentence interview with the probation officer. The district court sentenced him to a total of 41 months in jail. Because he lied to the pretrial services officer about his prior convictions, and didn’t correct his lie when he met with the probation officer, the district court increased his offense level for obstruction of justice and declined a downward adjustment for acceptance of responsibility.

The woman indicted under the name of Juana Santana-Molina has at least four aliases. She had been deported four times and twice convicted for illegal entry before she was arrested in connection with this case. She, like Magana, pleaded guilty to one count of conspiring to transport and harbor illegal aliens. In her presentence interview with the probation officer, she denied ever having-used an alias; she also stated she first entered the United States shortly before her arrest in this case. The district court sentenced her to a total of 18 months in jail. Based on a finding that she had lied to the probation officer about her prior use of aliases and prior entries, the district court, as in Magana’s case, increased her offense level for obstruction of justice and refused to decrease it for acceptance of responsibility.

Magana and Santana appeal these rulings.

II

Application note 3(h) to section 3C1.1 of the Sentencing Guidelines2 specifies that a defendant commits obstruction of justice, warranting a two-level increase in his offense level, if he provides “materially false information to a probation officer in respect to a presentence or other investigation for the court.” Santana’s case falls squarely within the application note. Her principal argument is that the district court clearly erred in finding that she lied to the probation officer: She claims she simply forgot about her prior use of aliases and misunderstood the probation officer’s questions about prior entries. The district court was entitled to infer from the probation officer’s testimony, however, that Santana’s denials were conscious misrepresentations, particularly in light of her record for lack of candor.3 The district court therefore did not err in concluding that Santana obstructed justice for purposes of section 3C1.1.

Magana, by contrast, doesn’t dispute he lied to the pretrial services officer about his prior convictions, or that he failed to correct the lie when he met with the probation officer. His principal contention is that it doesn’t matter whether he lied, because the probation officer easily discovered his deception; his lie therefore didn’t actually obstruct justice. Under application note 5 to section 3C1.1, however, a lie is “material” where, “if believed,” it would tend to influence or affect the issue under determination. Magana doesn’t dispute that, had his lie been believed, it could have influenced matters such as his entitlement to bail or his sentence. We have held, moreover, that application note 3(h) doesn’t require that a defendant’s falsehood actually obstruct justice; an attempt to obstruct, even if thwarted, is sufficient. See United States v. Baker, 894 F.2d 1083, 1084 (9th Cir.1990).

Magana counters that application note 3(h), by its terms, reaches only false statements to probation officers, not false statements to pretrial services officers. He also points to application note 4(a) to section 3C1.1, which specifies that providing a false name or identification document “at arrest” doesn’t qualify as obstruction of justice, unless this significantly hinders the investigation or prosecution.

We have never conclusively resolved whether there must be actual obstruction before providing materially false information to a pretrial services officer will qualify as an [401]*401obstruction of justice.4 We start by observing that the application notes to section 3C1.1 are merely examples of the types of conduct that do, and do not, qualify for the enhancement. See U.S.S.G. § 3C1.1, app. notes 3, 4. Therefore the fact that application note 3(h) specifically refers only to probation officers is not dispositive.

Indeed, no less than six of the application notes to section 3C1.1 deal with false information supplied by the defendant in one form or another. Four of these don’t require actual obstruction of justice, two others do. Compare U.S.S.G. § 3C1.1, app. note 3(b) (attempting to suborn perjury qualifies); app. note 3(c) (attempting to produce a false document during an official investigation or judicial proceeding qualifies); app. note 3(f) (providing materially false information to a judge or magistrate qualifies); app. note 3(h) (providing materially false information to a probation officer in respect to an investigation for the court qualifies), ivitk U.S.S.G., § 3C1.1, app. note 3(g) (providing materially false information to a law enforcement officer qualifies only if doing so “significantly obstructed or impeded the official investigation or prosecution”); app. note 4(a) (providing a false name or identification document “at arrest” qualifies only if doing so “actually resulted in a significant hindrance to the investigation or prosecution”).

As we see it, what distinguishes the application notes that don’t require actual obstruction from those that do is that the former anticipate lack of candor toward the court — including lack of candor “in respect to a[n] ... investigation for the court,” U.S.S.G. § 3C1.1, app. note 3(h). Cf. Benitez, 34 F.3d at 1497 n. 6 (recognizing that the application notes to section 3C1.1 “distinguish between false statements that are made to probation officers, which do not need to impede the prosecution or investigation to constitute an obstruction of justice, and those that are made to the police, which do.”).5 It follows that providing materially false information to a pretrial services officer, whose job it is to conduct investigations for the court, constitutes obstruction of justice for purposes of section 3C1.1, without a specific showing that the falsehood actually obstructed justice. See also United States v. Garcia, 69 F.3d 810, 817 (7th Cir.1995); United States v. Restrepo, 53 F.3d 396, 397 (1st Cir.1995); United States v. St. James, 38 F.3d 987, 988 (8th Cir.1994).

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Bluebook (online)
80 F.3d 398, 96 Cal. Daily Op. Serv. 2382, 96 Daily Journal DAR 3959, 1996 U.S. App. LEXIS 6611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-magana-guerrero-ca9-1996.