United States v. Jeremiah Griego, 837 F.3d 520

Jerimiah Griego pleaded guilty to aiding and abetting making a false statement in violation of 18 U.S.C. § 1001 and was sentenced to 10 months imprisonment and 3 years supervised release.
The probation office initially applied U.S.S.G. § 2J1.2 (Obstruction of Justice) giving a base offense level of 14; Griego objected and argued § 2B1.1 (fraud/false statements) with base level 6 applied instead.
The probation officer revised the PSR to concede § 2J1.2 did not independently apply but retained the level-14 calculation by invoking the § 2B1.1(c)(3) cross-reference to § 2J1.2.
At sentencing the district court overruled Griego’s objection, adopted the PSR, and imposed the 10-month sentence (guidelines range 10–16 months under the cross-reference); Griego appealed.
The Fifth Circuit reviewed de novo the guideline interpretation and assessed whether the indictment’s factual allegations established elements of an offense covered by § 2J1.2 (notably statutes like 18 U.S.C. § 1505).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 2B1.1(c)(3) cross-reference to § 2J1.2 was properly applied	Griego: indictment facts do not establish elements of any § 2J1.2-covered offense; only § 1001 alleged	Government: indictment facts support conviction under § 1505 (obstruction), so § 2J1.2 applies via cross-reference	Reversed: cross-reference improper because indictment did not allege the specific mens rea ("corruptly") required for § 1505
Whether the district court committed a significant procedural error in guidelines calculation	Griego: misapplication of guidelines via improper cross-reference rendered calculation erroneous	Government: application justified by indictment facts supporting obstruction statute	Court: procedural error found; sentencing vacated and remanded for resentencing

Gall v. United States, 552 U.S. 38 (2007) (framework for procedural and substantive reasonableness review of sentences)
Delgado-Martinez v. United States, 564 F.3d 750 (5th Cir. 2009) (bifurcated review: first procedural errors, then substantive reasonableness)
Arturo Garcia v. United States, 590 F.3d 308 (5th Cir. 2009) (cross-reference in § 2B1.1(c)(3) may be applied only if indictment facts establish elements of the other offense)
United States v. Kay, 513 F.3d 432 (5th Cir. 2007) ("corruptly" means knowingly and dishonestly with intent to subvert due administration of justice)
United States v. Guzman, 781 F.2d 428 (5th Cir. 1986) (mens rea for § 1001—"knowingly and willfully"—requires deliberate falsehood but does not equal the more specific intent required for obstruction statutes)