U.S. v. BATISTA

No. 05-2949.

483 F.3d 193 (2007)

UNITED STATES of America v. Braulio Antonio BATISTA, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 25, 2007.


Attorney(s) appearing for the Case

George S. Leone, Office of United States Attorney, Newark, NJ, Glenn J. Moramarco, Office of United States Attorney, Camden, NJ, Attorneys for Appellee.

Robert Little, Maplewood, NJ, Attorney for Appellant.

Before: FISHER, JORDAN and ROTH, Circuit Judges.


Submitted Under Third Circuit LAR 34.1(a) March 30, 2007.

FISHER, Circuit Judge.

This case presents a novel question regarding whether feigning mental illness is an appropriate basis for an obstruction of justice enhancement under the United States Sentencing Guidelines. We hold that it is.

After pleading guilty to a charge of conspiracy to distribute 150 grams or more of crack cocaine, Braulio Antonio Batista was sentenced to a 188-month term of imprisonment...

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