United States v. Henry

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal involves the question whether harassing telephone calls made by Ricardo Henry to the family of a government auditor constitute obstructing justice within the meaning of § 3C1.1 of the U.S. Sentencing Guidelines (“U.S.S.G.”) and so justified a two-point enhancement of his sentence. Section 3C1.1 requires “willful” conduct. Although a finding regarding a defendant’s intent to obstruct justice may not be required where conduct is obviously obstructive and the defendant knew it would be, the obstructive nature of…