United States v. Cabral-Aleman

In United States v. Cabral-Aleman, No. 23-50182 (5th Cir. Jan. 4, 2024) (unpublished), the Fifth Circuit affirmed the district court’s imposition of a two-level enhancement under USSG § 3C1.1 for obstruction of justice. When agents were arresting the defendant, he broke his cell phone in half and tried to hide it in the waistband of his pants. The defendant argued that he didn’t materially hinder the investigation, but the Fifth Circuit rejected that argument.

When a defendant takes an obstructive act while being arrested, that will not constitute obstruction under § 3C1.1 “unless it resulted in a material hindrance to the official investigation or prosecution of the instant offense or the sentencing of the offender.” § 3C1.1, cmt. n.4(D). That standard requires, “at the least, an actual, negative effect on either the course or result of the investigation.” United States v. Morales-Sanchez, 609 F.3d 637, 641 (5th Cir. 2010).

Here, the Fifth Circuit found no clear or obvious error in the district court’s decision to assess that enhancement because “(1) federal agents continued their investigation after arresting Cabral-Aleman, and (2) by breaking his cell phone in half, Cabral-Aleman destroyed any evidence contained within it that could have been used in the investigation of the offense.”