Lawrence Guerain Fleming v. United States
SocialSecurity Securities Immigration
Can the sentencing guideline be applied to the defendant's conduct, which occurred before any justice was being administered and before any investigation of his offense of conviction had been initiated?
QUESTION PRESENTED Petitioner pled guilty to being a felon in possession of ammunition. His sentence was increased pursuant to section 3C1.1 of the United States Sentencing Guidelines, which authorizes an enhanced sentence if 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.” Can the guideline be applied to petitioner’s conduct, which took place on a public highway right after he had a motorcycle accident, occurred before any justice was being administered and before any investigation of his offense of conviction had been initiated? i