Whether a defendant's purported malingering during forensic evaluations to assess competency to stand trial, when the defendant had a medically documented cognitive impairment and was engaged in rehabilitation with consistent medical prognoses of improvement, can support an obstruction of justice enhancement under U.S.S.G. § 3C1.1

QUESTIONS PRESENTED L. A defendant with a medically documented cognitive impairment, which defendant was engaged in rehabilitation, was progressing positively in said rehabilitation, and received consistent medical prognoses indicative of further improvement in cognitive ability, purportedly malingered during forensic evaluations to assess his competence to stand trial, which forensic evaluations were administered at different times during rehabilitation and medically documented progress. The important federal question raised thereby is the standard under which malingering may support an obstruction of justice enhancement, U.S.S.G. § 3C1.1. More particularly, must a district court find that the purported malingering statements, made to someone who was not a court officer, were “material,” “significantly obstructed or impeded the official investigation or prosecution of the instant offense” and constituted “relevant conduct”? i