United States v. Duarte-Acuna
Opinion of the Court
MEMORANDUM
We reject appellant’s argument that the evidence was insufficient to establish a “direct or substantial relationship” between his transportation of the aliens and the furtherance of their presence in the United States. United States v. Moreno, 561 F.2d 1321, 1323 (9th Cir. 1977). In United States v. Hernandez-Guardado, 228 F.3d 1017, 1024 (9th Cir. 2000), we held that such a relationship exists when a person “provide[s] transportation for one leg of illegal aliens’ migration to locations within the United States.” Appellant’s conduct fits that description. He took the aliens from a grassy field near the border to the town of San Luis, and the evidence strongly suggests that he would have continued on to Yuma had the Border Patrol not intervened.
Appellant next contends that the two-level sentence enhancement for obstruction
“Sentencing Guidelines § 3C1.1 contains a clear mens rea requirement that limits its scope to those who ‘willfully’ obstruct or attempt to obstruct the administration of justice.” United States v. Lofton, 905 F.2d 1315, 1316 (9th Cir. 1990). “As applied by section 3C1.1, the term ‘willfully’ requires that the defendant ‘consciously act with the purpose of obstructing justice.’ ” Id. at 1316-17 (quoting United States v. Stroud, 893 F.2d 504, 507 (2d Cir. 1990)). Because the district court made no finding of fact that the appellant willfully provided the testimony with the purpose of obstructing justice, the sentence must be vacated.
Accordingly, we affirm the conviction, vacate the sentence, and remand for resentencing.
AFFIRMED in part, VACATED in part, and REMANDED.
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Hector Manuel DUARTE-ACUNA
- Status
- Published