United States v. Hugo Galaviz, 2012 U.S. App. LEXIS 16282

Galaviz pleaded guilty to distributing methamphetamine and felon in possession of a firearm, and was sentenced to 151 months.
Appellant challenges the district court’s two-level enhancement under U.S.S.G. § 3C1.1 for obstructing justice.
§ 3C1.1 applies when a defendant willfully attempted to obstruct the administration of justice with respect to the sentencing of the instant offense.
The district court found, on the record, that Galaviz conspired in prison to murder a confidential informant and retaliated against him for cooperating with the government.
The district court did not find, however, that Galaviz believed the informant would testify at sentencing, a premise the government later argued in supplemental submission.
The majority reversed, holding no obstruction enhancement could apply without a finding that Galaviz intended to obstruct the sentencing process given the instant offense, and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 3C1.1 applies to a conspiracy to murder a witness when no clear evidence shows the witness would testify at sentencing.	Galaviz argues there was no intended obstruction of the sentencing process.	The government contends retaliation could trigger the enhancement if it relates to obstructing any phase of the proceeding.	No obstruction enhancement; remand for further proceedings.

Carrillo v. United States, 380 F.3d 411 (8th Cir. 2004) (an attempt to intimidate a witness can sustain § 3C1.1)
Wahlstrom v. United States, 588 F.3d 538 (8th Cir. 2009) (witness-intimidation language broad for obstruction guidance)
Wisecarver v. United States, 644 F.3d 764 (8th Cir. 2011) (standard of reviewing district court’s guideline construction and factual findings)