United States v. Nygren

Summary

The First Circuit held that feigned incompetency can constitute obstruction of justice under USSG §3C1.1, joining other circuits. The court found no clear error in the district court's finding that the defendant deliberately malingered during competency evaluations to delay or avoid prosecution, and that such conduct warranted the two-level enhancement. The court also upheld the denial of an acceptance-of-responsibility reduction under USSG §3E1.1, noting that the obstruction enhancement normally precludes such credit absent extraordinary circumstances.

Holdings

1. Feigned incompetency may comprise the basis for an obstruction-of-justice enhancement under USSG §3C1.1.
2. The district court's finding of feigned incompetency was not clearly erroneous.

Questions Presented

1. Whether feigned incompetency can serve as the basis for an obstruction-of-justice enhancement under USSG §3C1.1.
2. Whether the district court erred in denying an acceptance-of-responsibility reduction under USSG §3E1.1.

Disposition

affirmed