United States v. Indalecio Castro-Ponce
2014 U.S. App. LEXIS 20508
| 9th Cir. | 2014Background
- Castro-Ponce was investigated via wiretaps and surveillance after suspected coded calls; he made many short out-of-county trips between Feb and July 2012.
- Agents found methamphetamine and cash at locations Castro-Ponce had recently visited; he was arrested and indicted on multiple drug and money-laundering conspiracy counts.
- At trial Castro-Ponce testified in his own defense, offering innocent explanations for his trips and recorded conversations.
- The jury convicted him of conspiracy to possess with intent to distribute methamphetamine and two possession counts; acquitted on the money-laundering count.
- At sentencing the district court found his testimony false and imposed a two-level obstruction-of-justice enhancement under U.S.S.G. § 3C1.1, increasing his guideline range; he received 240 months imprisonment.
- On appeal Castro-Ponce challenged the obstruction enhancement; the Ninth Circuit vacated the enhancement and remanded because the district court did not make explicit findings that his testimony was willful and material.
Issues
| Issue | Castro-Ponce's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether § 3C1.1 obstruction enhancement was properly applied for alleged perjury | District court did not make required findings of willfulness and materiality; enhancement improper | Court could infer willfulness and materiality from finding testimony false and incredible | Enhancement vacated and remanded because district court failed to expressly find willfulness and materiality |
| Whether express findings are required on willfulness and materiality | Express findings required for review and to protect defendant's right to testify | Implicit findings suffice; no circuit precedent requiring express wording | Ninth Circuit requires express findings on all three perjury prongs (falsehood, willfulness, materiality) |
Key Cases Cited
- United States v. Garro, 517 F.3d 1163 (9th Cir.) (standard for § 3C1.1 factual findings)
- United States v. Jimenez, 300 F.3d 1102 (9th Cir.) (discusses obstruction enhancement review)
- United States v. Jimenez-Ortega, 472 F.3d 1102 (9th Cir.) (requires district court findings on materiality for obstruction enhancement)
- United States v. Gaudin, 515 U.S. 506 (Sup. Ct.) (materiality is for the trier of fact)
- United States v. Cordova Barajas, 360 F.3d 1037 (9th Cir.) (de novo review of characterization of obstruction)
- United States v. Kamper, 748 F.3d 728 (6th Cir.) (district court must make factual findings on willfulness and materiality)
- United States v. Massey, 48 F.3d 1560 (10th Cir.) (reversed enhancement where materiality and willfulness not found)