Obstruction of justice enhancement applies when conduct occurred during prosecution of state charges preceding federal indictment

SENTENCING United States v. Contreras, No. 06-4144, ___ F.3d ___ (10th Cir. July 18, 2007)(Utah). Appeal of conviction and sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and 18 U.S.C. § 2. HELD: Sentence enhancement for obstruction of justice under U.S.S.G. § 3C1.1 applies when a defendant's obstructive conduct occurred during prosecution of state charges preceding federal indictment, but both federal and state charges were based on same underlying conduct. Read the opinion here.