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United States of America v. Dale Wayne Manning

November 21, 2012

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DALE WAYNE MANNING, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding D.C. No. 6:10-cr-60068-HO-1

Per curiam.

FOR PUBLICATION

OPINION

Argued and Submitted May 10, 2012-Portland, Oregon

Before: Alex Kozinski, Chief Judge, Richard C. Tallman, and Sandra S. Ikuta, Circuit Judges.

Per Curiam Opinion

SUMMARY*fn1

Criminal Law

The panel affirmed the district court's imposition of a sentencing enhancement pursuant to U.S.S.G. § 3C1.1 for obstruction of justice in a case in which the defendant pleaded guilty to being a felon in possession of a firearm.

The panel wrote that the defendant's conduct -- lying to pretrial services about his possession of firearms, failing to appear for a pretrial release revocation hearing, and fleeing to Mexico -- was obstructive "with respect to the investigation, prosecution, or sentencing" of his felon-in-possession conviction; and it was immaterial that he intended to obstruct only the prior child pornography case in which he was on pretrial release.

OPINION

Dale Wayne Manning pleaded guilty to possession and transportation of child pornography. In March 2010, the district court sentenced him to 11 years in prison, but let him continue his pretrial release pending a voluntary surrender date of June 1. Later in March, Pretrial Services Officer Nicholas Stranieri got a tip that Manning had borrowed some guns from his brother and might still have them, in violation of his terms of release. Stranieri asked Manning about the guns, and Manning said he'd returned them as soon as he began pretrial release. A week later, Stranieri again asked Manning about the guns. Manning initially stuck to his story but eventually admitted he'd had the guns for the past six months and returned them only recently. Stranieri advised Manning to call his lawyer, as he'd violated his terms of release.

A few days later, Stranieri recommended that the district court revoke Manning's pretrial release. The court scheduled a revocation hearing and notified Manning through his attorney, but Manning didn't show up. Soon afterwards, he was arrested in Mexico and expelled to the United States. He pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court imposed a two-level enhancement pursuant to Sentencing Guidelines § 3C1.1. Manning appeals, challenging that enhancement.

Guidelines ยง 3C1.1 provides that, [i]f (A) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (B) the obstructive conduct related to (i) the defendant's offense of conviction and any ...


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