Sentencing Guidelines – Enhancement

By: Derek Hawkins//July 15, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Roberto Macias

Case No.: 18-1981

Officials: RIPPLE, MANION, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines – Enhancement

Roberto Macias helped move drug money from Chicago to Mexico. At his bench trial, he challenged a drug-conspiracy charge by testifying he thought the cash came from human smuggling, not drug trafficking. But the district judge did not believe him. The judge convicted him and imposed a two-level enhancement under U.S.S.G. § 2D1.1(b)(15)(D) for obstructing justice by testifying falsely. On appeal, Macias argues this enhancement does not apply to a defendant who perjures himself at trial. He also argues the judge failed to find all perjury elements independently and explicitly, as constitutionally required. But Macias waived these challenges, foreclosing appellate review.

Dismissed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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