Whether the guidelines' enhancement for obstruction of justice requires some conduct above and beyond the conduct comprising the offense of conviction

QUESTION PRESENTED FOR REVIEW Robinson Mendoza-Gomez was convicted of assaulting and impeding an officer, in violation of 18 U.S.C. § 111. He tackled a Border Patrol agent when the officer was attempting to apprehend Mendoza and his brother, preventing the apprehension of his brother. The district court sentenced Mendoza under a guideline for obstructing or impeding officers, U.S.S.G. § 2A2.4, that specifically states it “incorporates the fact that the victim was a governmental officer performing official duties.” Based solely on Mendoza’s commission of the offense, the district court applied the obstruction of justice enhancement, U.S.S.G. § 8C1.1, and the district court affirmed that application. This case presents two issues for review: Whether the guidelines’ enhancement for obstruction of justice requires some conduct above and beyond the conduct comprising the offense of conviction. and Whether impermissible double counting under the guidelines occurs when it punishes the same conduct twice for the same reason or whether the double counting must be prohibited explicitly by the language of the guidelines. i