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U.S. v. HENRY

No. 07-3142.

557 F.3d 642 (2009)

UNITED STATES of America, Appellee v. Ricardo HENRY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2009.

Attorney(s) appearing for the Case

Lisa B. Wright, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee and Mary M. Petras, Assistant Federal Public Defenders, entered appearances.

Jeffrey A. Taylor, U.S. Attorney, argued the cause for appellee. With him on the brief were Roy W. McLeese III, Elizabeth Trosman, Thomas E. Zeno, and Suzanne G. Curt, Assistant U.S. Attorneys.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal involves the question whether harassing telephone calls made by Ricardo Henry to the family of a government auditor constitute obstructing justice within the meaning of § 3C1.1 of the U.S. Sentencing Guidelines ("U.S.S.G.") and so justified a two-point enhancement of his sentence. Section 3C1.1 requires "willful" conduct. Although a finding regarding a defendant's intent to obstruct justice may not be required where conduct...

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