U.S. v. LUNA

No. 90-8022 Summary Calendar.

909 F.2d 119 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jose N. LUNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1990.


Attorney(s) appearing for the Case

Mari C. Haley (Court Appointed), Waco, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before KING, GARWOOD and DUHÉ, Circuit Judges.


PER CURIAM:

Appellant committed an assault with a gun and concealed the gun before the crime was reported and before the investigation began. We are called upon to decide whether the act of concealing the gun under these circumstances constituted obstruction of justice for purposes of § 3C1.1 of the Sentencing Guidelines. Concluding that it does not, we vacate appellant's sentence and remand for resentencing.

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