Sentencing
No error in denial of downward departure.
Sentencing court erred in double counting trafficking and subsequent-use-in-felony enhancements, as there was insufficient connection between the trafficking and the eventual offense. Expressio unius.
Error in Obstruction enhancement, as specific intent is necessary for unsworn out of court statements.
http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/doc/14-2383_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d4b80e2f-29b7-4b35-941f-313aacb7b3f6/2/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.