United States v. Solomon Goddy Lato, 934 F.2d 1080 (9th Cir. 1991). · Go Syfert
United States v. Solomon Goddy Lato, 934 F.2d 1080 (9th Cir. 1991). Cases Citing This Book View Copy Cite
55 citation events (12 in the last 25 years) across 13 distinct courts.
Strongest positive: United States v. Gerald Tate (ca9, 2016-08-09)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Gerald Tate
9th Cir. · 2016 · confidence medium
We have said that “the Guidelines’ use of the language ‘the instant offense’ suggests that there must be some connection between the obstruction and the federal offense for which [the] defendant is being sentenced.” United States v. Lato, 934 F.2d 1080, 1083 (9th Cir. 1991) (emphasis added).
discussed Cited as authority (rule) United States v. Bradford
N.D. Iowa · 2006 · confidence medium
Cf. United States v. Jagim, 978 F.2d 1032, 1038 (8th Cir.1992) (holding defendant was not entitled to acceptance of responsibility in part because he suborned perjury); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.1991) (holding defendant was not entitled to acceptance of responsibility, despite his plea of guilty, where he attempted to suborn perjury)- 12 .
discussed Cited as authority (rule) United States v. Marshall A. Ayers
2d Cir. · 2005 · confidence medium
See United States v. Roberts, 243 F.3d 235, 237-40 (6th Cir.2001) (per curiam); United States v. Adediran, 26 F.3d 61, 64-65 (8th Cir.1994); United States v. Emery, 991 F.2d 907, 910-12 (1st Cir.1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Garry Victor Frasier
11th Cir. · 2004 · confidence medium
See United States v. Imenec, 193 F.3d 206, 209 (3rd Cir.1999) (concluding that “a § 3C1.1 enhancement is appropriate where the defendant has obstructed a prosecution based on the same criminal conduct underlying the offense of conviction even though that prosecution [was] going forward in a state court”); United States v. Emery, 991 F.2d 907, 911 (1st Cir.1993) (finding that a defendant should not be rewarded “merely because he managed to engineer his attempted escape just before the federal investigation formally began”); United States v. Roberts, 243 F.3d 235, 240 (6th Cir.2001) (fi…
examined Cited as authority (rule) United States v. Tony Terrell Roberts (4×) also: Cited "see"
6th Cir. · 2001 · confidence medium
See id. at 265-66 (citing United States v. Adediran, 26 F.3d 61, 65 (8th Cir.1994); United States v. Emery, 991 F.2d 907, 910-12 (1st Cir.1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.1991)).
examined Cited as authority (rule) United States v. Tony Terrell Roberts (4×) also: Cited "see"
6th Cir. · 2000 · confidence medium
See id. at 265-66 (citing United States v. Adediran, 26 F.3d 61, 65 (8th Cir.1994); United States v. Emery, 991 F.2d 907, 910-12 (1st Cir.1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.1991)).
discussed Cited as authority (rule) United States v. Imenec
3rd Cir. · 1999 · confidence medium
See United States v. Self, 132 F.3d 1039, 1042 (4th Cir. 1997) ("[s]ection 3C1.1 draws no distinction between a federal investigation and a state investigation"); United States v. Emery, 991 F.2d 907, 911-12 (1st Cir. 1993) ("so long as some official investigation is underway at the time of the obstructive conduct, the absence of a federal investigation is not an absolute bar to the imposition of a section 3C1.1 enhancement"); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir. 1991) (obstruction of a state investigation properly considered for purposes of a 3C1.1 enhancement).
discussed Cited as authority (rule) United States v. Roberto Imenec A/K/A Alberto Gimenez Roberto Imenec
3rd Cir. · 1999 · confidence medium
See United States v. Self, 132 F.3d 1039, 1042 (4th Cir.1997) (“[s]ection 3C1.1 draws no distinction between a federal investigation and a state investigation”); United States v. Emery, 991 F.2d 907, 911-12 (1st Cir.1993) (“so long as some official investigation is underway at the time of the obstructive conduct, the absence of a federal investigation is not an absolute bar to the imposition of a section 3C1.1 enhancement”); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.1991) (obstruction of a *210 state investigation properly considered for purposes of a 3C1.1 enhancement).
discussed Cited as authority (rule) United States v. Bunn
4th Cir. · 1998 · confidence medium
See United States v. Smart, 41 F.3d 263, 265-66 (6th Cir. 1994); United States v. Adediran, 26 F.3d 61, 65 (8th Cir. 1994); United States v. Emery, 991 F.2d 907, 910-12 (1st Cir. 1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir. 1991).
discussed Cited as authority (rule) United States v. Randy E. Self
4th Cir. · 1997 · confidence medium
See United States v. Smart, 41 F.3d 263, 265-66 (6th Cir.1994) (per curiam); United States v. Adediran, 26 F.3d 61, 64-65 (8th Cir.1994); United States v. Emery, 991 F.2d 907, 911-12 (1st Cir.1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.1991). 3 .
discussed Cited as authority (rule) United States v. Self
4th Cir. · 1997 · confidence medium
See United States v. Smart, 41 F.3d 263 , 265- 66 (6th Cir. 1994) (per curiam); United States v. Adediran, 26 F.3d 61, 64-65 (8th Cir. 1994); United States v. Emery , 991 F.2d 907, 911-12 (1st Cir. 1993); United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir. 1991). 6 attempting to avoid detection or responsibility for that offense.
discussed Cited as authority (rule) United States v. Oliver Underwood and Gerald K. Underwood
6th Cir. · 1996 · confidence medium
See United States v. Adediran, 26 F.3d 61, 65 (8th Cir.1994) (holding that defendant's failure to appear in a state court proceeding warranted an enhancement for obstruction of justice in the connected federal prosecution); see also United States v. Emery, 991 F.2d 907, 910-12 (1st Cir.1993) (holding that enhancement of defendant's sentence for obstruction of justice was justified by his escape from state custody, even though the escape took place prior to initiation of federal investigation that led to defendant's federal arrest and conviction); United States v. Lato, 934 F.2d 1080, 1082-83 (…
discussed Cited as authority (rule) United States v. Cynthia Horry
6th Cir. · 1995 · confidence medium
See United States v. Partee, 31 F.3d 529, 531 (7th Cir.1994); United States v. Bagwell, 30 F.3d 1454, 1458-59 (11th Cir.1994); United States v. Levy, 992 F.2d 1081, 1083-84 (10th Cir.1993); United States v. Yates, 973 F.2d 1, 4-5 (1st Cir.1992); United States v. Belletiere, 971 F.2d 961, 967 (3d Cir.1992); United States v. Barry, 938 F.2d 1327, 1333-34 (D.C.Cir.1991); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, 502 U.S. 897 , 112 S.Ct. 271 , 116 L.Ed.2d 224 (1991); United States v. Perdomo, 927 F.2d 111, 118 (2d Cir.1991); United States v. Dortch, 923 F.2d 629, 632 (8t…
discussed Cited as authority (rule) United States v. Lindsay Carter Smart
6th Cir. · 1994 · confidence medium
See United States v. Adediran, 26 F.3d 61, 66 (8th Cir. 1994) (holding that pursuant to U.S.S.G. § 3C1.1, the defendant’s failure to appear for state court proceeding warranted two-level enhancement for obstruction of justice in connected federal prosecution); United States v. Emery, 991 F.2d 907, 910-12 (1st Cir.1993) (holding that pursuant to U.S.S.G. § 3C1.1, enhancement of the defendant’s sentence for obstruction of justice was justified by his escape from state custody, even though the escape took place prior to initiation of federal investigation that led to the defendant’s feder…
discussed Cited as authority (rule) United States v. Joseph P. Bagwell
11th Cir. · 1994 · signal: cf. · confidence medium
Id.; United States v. Yates, 973 F.2d 1, 4-5 (1st Cir.1992); United States v. Perdomo, 927 F.2d 111, 118 (2d Cir.1991); United States v. Dortch, 923 F.2d 629, 632 (8th Cir.1991); United States v. Roberson, 872 F.2d 597, 609 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989); cf. United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.) (acknowledging “that the Guidelines’ use of the language ‘instant offense’ suggests that there must be some connection between the obstruction and the federal offense for which defendant is being sentenced”), cer t. denied, —…
cited Cited as authority (rule) United States v. Rob William Gray, AKA John Doe
9th Cir. · 1993 · confidence medium
U.S.S.G. § 3E1.1, comment. (n. 4); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, 112 S.Ct. 271 (1991). 4 Here, Gray confessed to the robbery upon his arrest.
discussed Cited as authority (rule) United States v. Alan Hardy Jeffries
9th Cir. · 1993 · confidence medium
U.S.S.G. § 3E1.1, comment. (4); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, 112 S.Ct. 271 (1991). 12 Here, evidence of Jeffries's handwriting was material to the investigation of the instant offenses.
discussed Cited as authority (rule) United States v. Foday Koroma (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
U.S.S.G. § 3E1.1, comment. (n. 4); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, 112 S.Ct. 271 (1991).
discussed Cited as authority (rule) United States v. Kenneth E. Ford
9th Cir. · 1993 · signal: cf. · confidence medium
Id.; United States v. Yates, 973 F.2d 1, 4-5 (1st Cir.1992); United States v. Perdomo, 927 F.2d 111, 118 (2d Cir.1991); United States v. Dortch, 923 F.2d 629, 632 (8th Cir.1991); United States v. Roberson, 872 F.2d 597, 609 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989); cf. United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.) (acknowledging “that the Guidelines’ use of the language ‘the instant offense’ suggests that there must be some connection between the obstruction and the federal offense for which defendant is being sentenced”), cer t. denied,…
discussed Cited as authority (rule) United States v. Rodney Ray Wagner
9th Cir. · 1992 · confidence medium
See U.S.S.G. § 3E1.1, comment. (n. 4); United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, 112 S.Ct. 271 (1991). 4 Here, Wagner participated in armed bank robberies on July 14, 20, and 25, 1990.
discussed Cited as authority (rule) United States v. Marion S. Barry, Jr.
D.C. Cir. · 1991 · signal: cf. · confidence medium
See, e.g., United States v. Dortch, 923 F.2d 629, 631-32 (8th Cir.1991) (defendant stopped for a traffic violation tossed a package of cocaine out the window; § 3C1.1 enhancement proper when defendant pled guilty to possession of cocaine with intent to distribute even though there was “no ongoing drug investigation at the time he tossed the cocaine out the window”); United States v. Roberson, 872 F.2d 597, 609 (5th Cir.) (defendant placed in police car after arrest for public intoxication attempted to conceal stolen credit card; § 3C1.1 enhancement proper when defendant sentenced for cre…
discussed Cited "see" Fox v. United States
D. Nev. · 2020 · signal: see · confidence high
See United States v. 18 Lato, 934 F.2d 1080, 1082-83 (9th Cir. 1991) (“The following 19 commentary to section 3C1.1 supports the view that there is no 20 state-federal distinction for obstruction of justice: ‘This 21 section provides a sentence enhancement for a defendant who engages 22 in conduct calculated to mislead or deceive authorities....’ . . 23 . .
cited Cited "see" United States of America, Appellant/cross-Appellee v. Dustin Lee Honken, Appellee/cross-Appellant
8th Cir. · 1999 · signal: see · confidence high
See Hopper, 27 F.3d at 383 (citing United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.1991)).
discussed Cited "see" United States v. Kim Sieng Khim
9th Cir. · 1994 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.1991) (obstruction of state investigation of particular activity for which defendant ultimately receives federal conviction can be considered for purposes of Sec. 3C1.1). 37 Citing no authority, Khim then argues that, because his failure to appear was prosecuted in state court after the instant trial, construing the Guidelines to allow enhancement in his case raises double jeopardy and due process concerns.
discussed Cited "see" United States v. Bobby Lee Hopper (2×)
9th Cir. · 1994 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, — U.S. —, 112 S.Ct. 271 , 116 L.Ed.2d 224 (1991).
discussed Cited "see" United States v. Charles Pompey
11th Cir. · 1994 · signal: accord · confidence high
Accord, United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.) cert. denied — U.S. -, 112 S.Ct. 271 , 116 L.Ed.2d 224 (1991) (obstruction of state investigation prior to initiation of federal probe properly considered for purposes of upward adjustment of the offense level pursuant to § 3C1.1); United States v. Hager, 807 F.Supp. 1238, 1241 (S.D.W.Va.1992) (defendant’s acts of obstruction made during an investigation begun by state officials and later turned over to federal authorities for completion and prosecution, may be used for sentencing purposes in determining the federal offense lev…
cited Cited "see" United States v. Peter Charles Acuna
9th Cir. · 1993 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.), cert. denied, — U.S. —, 112 S.Ct. 271 , 116 L.Ed.2d 224 (1991).
cited Cited "see" United States v. Emery
1st Cir. · 1993 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.), cert. denied, 112 S. Ct. 271 (1991).
cited Cited "see" United States v. Charles E. Emery
1st Cir. · 1993 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.), cert. denied, — U.S. -, 112 S.Ct. 271 , 116 L.Ed.2d 224 (1991).
cited Cited "see" United States v. Emery
1st Cir. · 1993 · signal: see · confidence high
See United States v. Lato, 934 F.2d 1080, 1082-83 (9th Cir.), ___ _____________ ____ cert. denied, 112 S. Ct. 271 (1991).
discussed Cited "see, e.g." United States v. Mordo Danyali, AKA Mordi Danyali, United States of America v. Jacqueline Danyali
9th Cir. · 1996 · signal: see also · confidence medium
See also United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.) (fact that defendant suborned perjury one reason why the denial of acceptance of responsibility was proper), cert. denied, 502 U.S. 897 (1991). 35 The district also found that although it was agreed that 90 percent of the funds could be traced, the Appellant had made no effort to make the victims of her scheme whole by turning over the proceeds of her illegal activities.
discussed Cited "see, e.g." United States v. Andres Hernandez
9th Cir. · 1994 · signal: see, e.g. · confidence medium
See, e.g., United States v. Lato, 934 F.2d 1080, 1083 (9th Cir.) (denying acceptance of responsibility reduction despite defendant's guilty plea based upon his lack of insincerity and "the very purposeful and methodical way in which ... [he] attempted to suborn perjury"), cert. denied, 112 S.Ct. 261 (1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Solomon Goddy LATO, Defendant-Appellant
90-10407.
Court of Appeals for the Ninth Circuit.
Jun 3, 1991.
934 F.2d 1080
Christopher A. Brancart, Brancart & Brancart, Pescadero, Cal., for defendant-appellant., Rory K. Little, Eric R. Havian, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-ap-pellee.
Farris, Boochever, Fernandez.
Cited by 35 opinions  |  Published
FERNANDEZ, Circuit Judge:

Solomon Goddy Lato appeals his sentence for mail fraud in violation of 18 U.S.C. § 1341. He argues that the district court erred in finding that he had obstructed justice and that he had not accepted responsibility under the Sentencing Guidelines. We affirm.

BACKGROUND FACTS

On April 28, 1989, Solomon Goddy Lato (“Lato”) was arrested for his role in an extensive insurance fraud scheme. Evidence showed that he had obtained numerous auto insurance policies on the same vehicles. He then submitted false accident reports and claimed the accidents were his fault. Lato conspired with several individ[*1082] uals who then falsely claimed to be the accident victims. Lato also submitted a false accidental death insurance claim for a non-existent wife.

Although the initial investigation of his wrongdoing contemplated state prosecution and was conducted by state authorities, Lato eventually was prosecuted for that wrongdoing on federal charges instead. After his arrest, Lato denied using any names other than Solomon Lato, although he had fraudulent social security cards and a passport using different names. He also mailed a series of letters to a witness instructing her to lie to the police and fabricate evidence.

On April 25, 1990, Lato pleaded guilty to federal mail fraud in exchange for the government’s promises to dismiss certain counts and not to seek an upward departure or ask that the dismissed counts be considered relevant conduct under the sentencing guidelines.

The district court sentenced Lato on August 1, 1990. The court found Lato had obstructed justice and had not accepted responsibility. Lato now appeals those rulings. [1]

JURISDICTION AND STANDARDS OF REVIEW

The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction pursuant to 18 U.S.C. § 3742.

We review de novo whether obstruction of justice under the sentencing guidelines is limited to acts aimed at federal authorities, because the question “turns primarily on the legal interpretation of a guideline term.” United States v. Mondello, 927 F.2d 1463, 1465 (9th Cir.1991) (quoting United States v. Stroud, 893 F.2d 504, 507 (2d Cir.1990)). We review for clear error a district court’s decision that a defendant did not accept responsibility. United States v. Gonzalez, 897 F.2d 1018, 1019 (9th Cir.1990).

DISCUSSION

A. Obstruction of Justice

The district court increased Lato’s offense level by two points for obstruction of justice under U.S.S.G. § 3C1.1 (Nov. 1989). Lato concedes that the record supports a determination that he engaged in conduct that would be an obstruction of justice. However, Lato argues that because his acts of obstruction were committed during investigation by state rather than federal authorities, they cannot be considered in determining the federal offense level, because they were not committed during the “investigation ... of the instant offense.” We disagree.

This issue is one of first impression. Other courts, however, have at least implied that section 3C1.1 contains no such federal limitation. In United States v. Roberson, 872 F.2d 597, 609-10 (5th Cir.), cert. denied, — U.S.-, 110 S.Ct. 175, 107 L.Ed.2d 131 (1989), the court stated that defendant’s acts while exclusively state authorities were investigating him supported the district court’s finding that he had obstructed justice under section 3C1.1. See also United States v. Dortch, 923 F.2d 629, 632 (8th Cir.1991) (defendant’s tossing out of a bag of cocaine when police stopped him for a traffic violation supported a finding of obstruction of justice in a federal drug prosecution, even though only a state traffic violation was under investigation when he threw the bag); United States v. Paige, 923 F.2d 112, 114 (8th Cir.1991) (engaging in a high speed chase with highway patrol and throwing incriminating evidence from the windows was an obstruction of justice); United States v. Rogers, 917 F.2d 165, 168 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1318, 113 L.Ed.2d 252 (1991) (giving an alias to police is an obstruction of justice); United States v. Baker, 907 F.2d 53, 55 (8th Cir.1990) (flushing cocaine down the toilet after state detectives entered defendant’s home is an obstruction of justice).

[*1083] The following commentary to section 3C1.1 supports the view that there is no state-federal distinction for obstruction of justice: “This section provides a sentence enhancement for a defendant who engages in conduct calculated to mislead or deceive authorities_” U.S.S.G. § 3C1.1, Commentary (Nov. 1989). There is no hint that the term “authorities” was used with reference to federal rather than state officials. Moreover, subsequent amendments to the Guidelines, which were added for the purpose of clarification, make no state-federal distinction. Instead they use such general terms as “law enforcement officer” and “official investigation.” U.S.S.G. § 3C1.1 (Nov. 1990) & App. C at C.190C.192.

We recognize that the Guidelines’ use of the language “the instant offense” suggests that there must be some connection between the obstruction and the federal offense for which defendant is being sentenced. However, like the court in Roberson, 872 F.2d at 609-10, we need not decide to what degree of closeness a connection must be shown. Here the connection was as close as it could be once the false state-federal distinction is laid aside.

The actions of Lato were certainly designed to obstruct the investigation of the offense he committed, that is to prevent the successful uncovering of his scheme to defraud insurance companies. That fraud violated federal as well as state law, and we are satisfied that Lato made no rarefied distinction between them when he sought to cover up his crime. Nor should we. Indeed, it is not likely that, absent the Guidelines, any sentencing judge would fail to consider Lato’s activities when it became time to pronounce sentence. There is no reason to think that the Guidelines were intended to change that sensible approach to Lato’s culpability.

We therefore hold that the obstruction of the state investigation of Lato’s fraudulent activities was properly considered for purposes of an upward adjustment of the offense level pursuant to U.S.S.G. § 3C1.1.

B. Acceptance of Responsibility

Application Note 4 to U.S.S.G. § 3E1.1 (Nov. 1989), the acceptance of responsibility provision, states:

Conduct resulting in an enhancement under § 3C1.1 [obstruction of justice] ... ordinarily indicates that the defendant has not accepted responsibility for his criminal conduct. There may, however, be extraordinary cases in which adjustments under both §§ 3C1.1 and 3E1.1 may apply.

As discussed above, Lato’s acts aimed at state authorities were an obstruction of justice. Furthermore, the district judge found that this was not an extraordinary case. [2] In light of the probation officer’s recommendation that any expression of remorse lacked sincerity, the very purposeful and methodical way in which Lato attempted to suborn perjury, the district court’s focus on the facts of this case, and the district court’s review of elements to be considered in ordinary cases, that finding is not clearly erroneous. See Dortch, 923 F.2d at 633 n. 3 (finding no extraordinary case even though appellant pleaded guilty and cooperated with respect to his case).

CONCLUSION

We hold that when a defendant obstructs the investigation of a particular criminal activity for which he is ultimately convicted of a federal offense, that obstruction can be considered for purposes of section 3C1.1 of the Guidelines, regardless of whether the investigation was being conducted by state or federal authorities.

AFFIRMED.

1

. We address other issues raised by Lato on appeal in an unpublished memorandum disposition.

2

. We are not here considering action taken by a defendant on the spur of the moment, as in an attempt to conceal drugs immediately prior to arrest, but with calculated conduct over an extended time seeking to fabricate the evidence.