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United States v. Carty

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Argued: August 9, 2001

Appeal from the district court’s imposition of a sentence enhancement for obstruction of justice pursuant to U.S.S.G. � 3C1.1 and the court’s refusal to depart downward on the basis of pre-sentence conditions of confinement pursuant to U.S.S.G. � 5K2.0. We vacate the sentence and remand.

On November 28, 1995, Enrique Carty pled guilty in the Southern District of New York to two counts of a New York information charging conspiracy to distribute and possess with intent to distribute over five kilograms of cocaine and over one hundred grams of heroin, in violation of 21 U.S.C. � 846. On the same day he pled guilty to one count of an indictment out of the Western District of North Carolina charging conspiracy to distribute and possess with intent to distribute a quantity of cocaine base, in violation of 21 U.S.C. �� 812, 841(a)(1). *fn1 He appeals only his sentence, contending that the district court (Schwartz, J.) erred in imposing an obstruction of justice enhancement under U.S.S.G. � 3C1.1 and in declining to depart downward on the basis of conditions of confinement he suffered while incarcerated in the Dominican Republic awaiting extradition to the United States. We hold that the district court did not err in imposing the enhancement for obstruction of justice, but vacate the sentence and remand so that the court can reconsider the defendant’s request for a downward departure for pre-sentence conditions of confinement.

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