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United States of America v. Scott Schwanke

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ARGUED JUNE 12, 2012

Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

After agreeing to cooperate with authorities investigating his drug-distribution con- spiracy, Scott Schwanke received a death threat from his coconspirator, fled to the Philippines, and stayed for four years. Later he pleaded guilty to conspiracy to possess with the intent to distribute marijuana, 21 U.S.C. §§ 846, 841(a)(1), and was sentenced to 50 months’ imprisonment. On appeal Schwanke chal- lenges his sentence, arguing that the district court improp- erly adjusted his offense level upward under U.S.S.G. § 3C1.1 for obstruction of justice. Because the court did not clearly err in finding that Schwanke willfully obstructed justice when he remained in the Philippines for years, we affirm.

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