United States v. George v. Ashers, Jr., 968 F.2d 411 (4th Cir. 1992). · Go Syfert
United States v. George v. Ashers, Jr., 968 F.2d 411 (4th Cir. 1992). Cases Citing This Book View Copy Cite
49 citation events (20 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Denita Hill (ca4, 2016-11-29)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
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Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Denita Hill
4th Cir. · 2016 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992) (holding that “if the enhancement was applied properly on an alternative basis, the resulting adjusted offense level is correctly determined”).
cited Cited as authority (rule) United States v. Gregory Taylor
4th Cir. · 2013 · confidence medium
United States v. Ashers, 968 F.2d 411, 413 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Lloyd Royal, III
4th Cir. · 2011 · confidence medium
See United States v. Garnett, 243 F.3d 824, 830 (4th Cir.2001) (court can affirm a sentence on the basis of any conduct in the record that supports an increase in the offense level); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992) (if one basis for application of an enhancement is erroneous, enhancement may be affirmed based on correctly determined alternative basis).
cited Cited as authority (rule) United States v. McCallister
4th Cir. · 2009 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Lewis
7th Cir. · 2008 · confidence medium
See United States v. Griffin, 310 F.3d 1017, 1022-23 (7th Cir.2002); United States v. Anderson, 189 F.3d 1201, 1214 (10th Cir.1999); United States v. Jones, 983 F.2d 1425, 1430-31 (7th Cir. 1993); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Edwin Lewis
7th Cir. · 2008 · confidence medium
See United States v. Griffin, 310 F.3d 1017 , 1022‐23 (7th Cir. 2002); United States v. Anderson, 189 F.3d 1201, 1214 (10th Cir. 1999); United States v. Jones, 983 F.2d 1425 , 1430‐31 (7th Cir. 1993); United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Lewis
7th Cir. · 2008 · confidence medium
See United States v. Griffin, 310 F.3d 1017, 1022-23 (7th Cir.2002); United States v. Anderson, 189 F.3d 1201, 1214 (10th Cir.1999); United States v. Jones, 983 F.2d 1425, 1430-31 (7th Cir. 1993); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Jackson
4th Cir. · 2008 · confidence medium
We may affirm a sentence enhancement “on the basis of ‘any conduct [in the record] that independently and properly should result in an increase in the offense level’ by virtue of the enhancement.” United States v. Garnett, 243 F.3d 824, 830 (4th Cir.2001) (quoting United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992)).
discussed Cited as authority (rule) United States v. West
4th Cir. · 2007 · confidence medium
United States v. Garnett, 243 F.3d 824, 830 (4th Cir.2001) (appeals court may “affirm [sentence enhancement] on the basis of ‘any conduct [in the record] that independently and properly should result in an increase in the offense level’ by virtue of the enhancement”) (quoting United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992)).
discussed Cited as authority (rule) United States v. Shipman
4th Cir. · 2004 · confidence medium
We may “affirm a [sentence enhancement] on the basis of ‘any conduct [in the record] that independently and properly should result in an increase in the offense level’ by virtue of the enhancement.” United States v. Garnett, 243 F.3d 824, 830 (4th Cir.2001) (quoting United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992)).
discussed Cited as authority (rule) United States v. Sisk
4th Cir. · 2004 · confidence medium
A sentencing enhancement “is mandatory ... in the event the defendant engaged in conduct that is encompassed by a guideline providing for an enhancement.” United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
cited Cited as authority (rule) United States v. Coles
4th Cir. · 2003 · confidence medium
See Fed.R.Crim.P. 52(a); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
cited Cited as authority (rule) United States v. Gadson
4th Cir. · 2003 · confidence medium
See 18 U.S.C. § 3742 (f)(l)(2000); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
cited Cited as authority (rule) United States v. Hagood
4th Cir. · 2003 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Pendergrass
4th Cir. · 2003 · confidence medium
Because the district court’s credibility determination is not clearly erroneous, and that testimony demonstrated by a preponderance of the evidence that Pendergrass “engage[ed] in conduct calculated to mislead or deceive authorities,” United States v. Ashers, 968 F.2d 411, 413 (4th Cir.1992) (internal quotations omitted), we find no error in the calculation of Pendergrass’s sentence.
cited Cited as authority (rule) United States v. Jackson
4th Cir. · 2003 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
discussed Cited as authority (rule) United States v. Garnett
4th Cir. · 2001 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992) (if one basis for application of an enhancement is erroneous, enhancement may be affirmed based on correctly determined alternative basis).
cited Cited as authority (rule) United States v. Michael Tracy Garnett
4th Cir. · 2001 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992) (if one basis for application of an enhancement is erroneous, enhancement may be affirmed based on correctly determined alternative basis).
cited Cited as authority (rule) United States v. Dimeji Bright
4th Cir. · 1999 · confidence medium
See USSG § 3C1.1, comment. (n.4(g)); United States v. Ashers, 968 F.2d 411, 413 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Williamson
3rd Cir. · 1998 · confidence medium
S 3C1.1 where the defendant willfully obstructed or attempted to obstruct the administration of justice during the prosecution of the case"); United States v. Hernandez, 83 F.3d 582, 585 (2d Cir. 1996) ("Once a court finds that obstruction of justice took place, however, the two-level enhancement is mandatory"); United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992) (noting, in the context of obstruction of justice enhancement, that "application of an enhancement to the offense level is mandatory, as opposed to discretionary, in the event the defendant engaged in conduct that is encompasse…
discussed Cited as authority (rule) United States v. Stephen A. Williamson
3rd Cir. · 1998 · confidence medium
See United States v. Tracy, 36 F.3d 199, 201 (1st Cir.1994) (“the obstruction of justice enhancement is mandatory under U.S.S.G. § 3C1.1 where the defendant willfully obstructed or attempted to obstruct the administration of justice during the prosecution of the case”); United States v. Hernandez, 83 F.3d 582, 585 (2d Cir.1996) (“Once a court finds that obstruction of justice took place, however, the two-level enhancement is mandatory”); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992) (noting, in the context of obstruction of justice enhancement, that “application of an en…
discussed Cited as authority (rule) United States v. Walters
4th Cir. · 1997 · confidence medium
The enhancement is intended to apply to defendants "who engage in con- duct calculated to mislead or deceive authorities or those involved in a judicial proceeding . . . and applies to a wide range of conduct." United States v. Ashers, 968 F.2d 411, 413 (4th Cir. 1992).
discussed Cited as authority (rule) unempl.ins.rep. (Cch) P 22,190 United States of America, Plaintiff-Appellee/cross-Appellant v. Sergio Zaragoza, A/K/A Louis A. Valera, Defendant-Appellant/cross-Appellee. And United States of America v. Alicia Zaragoza-Barajas
7th Cir. · 1997 · confidence medium
If the court finds the defendant obstructed justice, it must impose the two point increase."), certiorari denied, 511 U.S. 1096 , 114 S.Ct. 1865 , 128 L.Ed.2d 486 ; United States v. Medina, 992 F.2d 573, 591 (6th Cir.1993) (stating in the context of obstruction of justice enhancement, "as we have explained previously, [o]nce a sentencing court makes a factual finding as to the applicability of a particular adjustment provision, the court has no discretion, but must increase the offense level by the amount called for in the applicable provision") (internal quotation marks and citation omitted),…
discussed Cited as authority (rule) United States v. Zaragoza
7th Cir. · 1997 · confidence medium
If the court finds the defendant obstructed justice, it must impose the two point increase.”), certiorari denied, 511 U.S. 1096 , 114 S.Ct. 1865 , 128 L.Ed.2d 486 ; United States v. Medina, 992 F.2d 573, 591 (6th Cir.1993) (stating in the context of obstruction of justice enhancement, “as we have explained previously, [o]nce a sentencing court makes a factual finding as to the applicability of a particular adjustment provision, the court has no discretion, but must increase the offense level by the amount called for in the applicable provision”) (internal quotation marks and citation omi…
cited Cited as authority (rule) United States v. Edward Lee Mathis
4th Cir. · 1997 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.), cert. denied, 506 U.S. 1027 (1992).
cited Cited as authority (rule) United States v. Mathis
4th Cir. · 1997 · confidence medium
United States v. Ashers , 968 F.2d 411, 414 (4th Cir.), cert. denied, 506 U.S. 1027 (1992).
discussed Cited as authority (rule) United States v. Ray Thomas Kyle, Jr.
4th Cir. · 1996 · confidence medium
United States v. Urrego-Linares, 879 F.2d 1234, 1239 (4th Cir.1989), cert. denied, 493 U.S. 943 (1989). 6 Section 3C1.1 of the Guidelines provides, in full: 7 If the defendant wilfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense, increase the offense level by 2 levels. 8 This section is intended to apply to "defendants who engage in conduct calculated to mislead or deceive authorities or those involved in a judicial proceeding ... and applies to a wide range of conduct." Uni…
discussed Cited as authority (rule) United States v. Kyle
4th Cir. · 1996 · confidence medium
This section is intended to apply to "defendants who engage in con- duct calculated to mislead or deceive authorities or those involved in a judicial proceeding . . . and applies to a wide range of conduct." United States v. Ashers, 968 F.2d 411, 413 (4th Cir.), cert. denied, 506 U.S. 1027 (1992) (internal quotation marks and citations omit- ted).
cited Cited as authority (rule) United States v. Frank Alexis Robinson
4th Cir. · 1996 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992).
cited Cited as authority (rule) United States v. Robinson
4th Cir. · 1996 · confidence medium
United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992).
discussed Cited as authority (rule) United States v. Courtney Solomon McKenzie A/K/A Roger Ricardo McKenzie A/K/A Shawn McKenzie A/K/A Shawnee, United States of America v. Pepito N. Cowie, A/K/A Mike Thompson, A/K/A Peter, United States of America v. Ricardo Victor Cowie, A/K/A Kevin D. Smith, A/K/A Kid, United States of America v. Richard Mark St. Hill, A/K/A James
4th Cir. · 1994 · confidence medium
Sec. 3C1.1 is applicable "to defendants who engage in conduct calculated to mislead or deceive authorities or those involved in a judicial proceeding." United States v. Ashers, 968 F.2d 411, 413 (4th Cir.1992) (citations omitted).
discussed Cited as authority (rule) United States v. George Ancheta
9th Cir. · 1994 · confidence medium
United States v. Velgar-Vivero, 8 F.3d 236, 242 (5th Cir.1994), cert. denied, — U.S. —, 114 S.Ct. 1865 , 128 L.Ed.2d 486 , and cert. denied, — U.S.—, 114 S.Ct. 2715 , 129 L.Ed.2d 840 (1994); United States v. Friedman, 998 F.2d 53, 58 (2d Cir.1993); United States v. Medina, 992 F.2d 573, 591 (6th Cir.1993), cert. denied, — U.S. —, 114 S.Ct. 1049 , 127 L.Ed.2d 371 (1994); United States v. Ashers, 968 F.2d 411, 414 (4th Cir.), cert. denied, — U.S. —, 113 S.Ct. 673 , 121 L.Ed.2d 596 (1992); United States v. Austin, 948 F.2d 783, 788 (1st Cir.1991).
discussed Cited "see" United States v. Ware
4th Cir. · 2000 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992) (stating that even if one basis for an enhancement is erroneous, the defendant's sentence must nonetheless be affirmed if the enhance- ment was properly applied on an alternative basis).
cited Cited "see" United States v. Lenell Walker
4th Cir. · 2000 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992). 4
cited Cited "see" United States v. Alexander Martinez
4th Cir. · 1999 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992).
cited Cited "see" United States v. Dukes
4th Cir. · 1998 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414-15 (4th Cir. 1992).
discussed Cited "see" United States v. Anthony Mark Davis, A/K/A Ref
4th Cir. · 1995 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414-15 (4th Cir.) (adjustment proper if supported by any ground), cert. denied, 61 U.S.L.W. 3419 (U.S.1992). 7 We therefore affirm the sentence imposed by the district court.
cited Cited "see" United States v. Johnny Trevino
4th Cir. · 1994 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414 (4th Cir.), cert. denied, 61 U.S.L.W. 3419 (U.S.1992). 9 We therefore affirm the sentence imposed by the district court.
discussed Cited "see" United States Court of Appeals, Third Circuit
3rd Cir. · 1994 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 413 (4th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 673 , 121 L.Ed.2d 596 (1992) (falsified voice exemplar warrants two level enhancement under Sec. 3C1.1). 23 In Ashers, however, the court of appeals was reviewing the district court's determination that a two level enhancement for obstruction of justice was justified, whereas in this case the district court chose not to apply an enhancement.
cited Cited "see" United States v. Porat
3rd Cir. · 1994 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 413 (4th Cir.), cert. denied, — U.S. -, 113 S.Ct. 673 , 121 L.Ed.2d 596 (1992) (falsified voice exemplar warrants two level enhancement under § 3C1.1).
discussed Cited "see" United States v. David I. Wynne
4th Cir. · 1993 · signal: see · confidence high
See United States v. Ashers, 968 F.2d 411, 414 (4th Cir.) (adjustment is mandatory if any factor validly supports it), cert. denied, 61 U.S.L.W. 3419 (U.S. 1992). 9 We therefore vacate the sentence imposed and remand for resentencing.
cited Cited "see" United States v. Mavis J. Elliott
4th Cir. · 1992 · signal: see · confidence high
See Ashers, 968 F.2d at 414 . 8 Finally, Elliott argues that both counts of conviction should have been placed in one group under guideline section 3D1.2(b).
discussed Cited "see, e.g." United States v. Washington
4th Cir. · 2006 · signal: see also · confidence medium
United States v. Swann, 149 F.3d 271, 277 (4th Cir. 1998); see also United States v. Garnett, 243 F.3d 824, 830 (4th Cir. 2001) (sentence enhancement may be affirmed on the basis of “‘any conduct [in the record] that independently and properly should result in an increase in the offense level’ by virtue of the enhancement.” (quoting United States v. Ashers, 968 F.2d 411, 414 (4th Cir. 1992)).
discussed Cited "see, e.g." United States v. Washington
4th Cir. · 2006 · signal: see also · confidence medium
United States v. Swann, 149 F.3d 271, 277 (4th Cir.1998); see also United States v. Garnett, 243 F.3d 824, 830 (4th Cir.2001) (sentence enhancement may be affirmed on the basis of “ ‘any conduct [in the record] that independently and properly should result in an increase in the offense level’ by virtue of the enhancement.”) (quoting United States v. Ashers, 968 F.2d 411, 414 (4th Cir.1992)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
George v. ASHERS, Jr., Defendant-Appellant
90-5914.
Court of Appeals for the Fourth Circuit.
Jul 8, 1992.
968 F.2d 411
Robert Nelson Pollard, III, Christian, Markham & Dolbeare, Richmond, Va., argued for defendant-appellant., Leslie Bonner McClendon, Sp. Asst. U.S. Atty., Alexandria, Va., argued (Richard Cullen, U.S. Atty., William Graham Otis, Sr. Litigation Counsel, Debra S. Straus, Asst. U.S. Atty., on the brief) for plaintiff-appellee.
Ervin, Wilkins, Howard, Eastern.
Cited by 45 opinions  |  Published
WILLIAM W. WILKINS, Jr., Circuit Judge:

George V. Ashers, Jr. was convicted of accepting a bribe while employed as a classification and parole specialist at the Lor-ton Reformatory. See 18 U.S.C.A. § 201(b)(2) (West Supp.1992). The district court enhanced Ashers’ offense level for obstruction of justice, finding that he committed perjury during his trial testimony and that he intentionally disguised his voice when preparing a voice exemplar for examination by a defense expert. See United States Sentencing Commission, Guidelines Manual, § 3C1.1 (Nov.1990). Ashers argues on appeal that this enhancement was improper under the decision of this court in United States v. Dunnigan, 944 F.2d 178 (4th Cir.1991), cert. granted, - U.S. -, 112 S.Ct. 2272, 119 L.Ed.2d 199 (1992). Finding that the district court properly enhanced Ashers' offense level for obstruction of justice based on his falsification of the voice exemplar, we affirm.

I.

The Government sought to prove that Ashers had accepted $1,600 in exchange for, among other things, bringing marijuana into the Lorton facility for distribution to an inmate. During the testimony of Kenneth Baez, a prisoner at Lorton and the principal witness against Ashers, the Government played an incriminating tape-recorded conversation between Baez and another individual whom Baez identified as Ashers. Baez testified that he had surreptitiously recorded this conversation under the supervision of officers of the Federal Bureau of Investigation.

Attempting to prove that this conversation was actually between Baez and another prison official, Ashers presented testimony from a voice identification expert. The expert testified that he had analyzed a voice exemplar prepared by Ashers and that, in his opinion, it was unlikely that the voice on the Government’s tape Was that of Ashers. Testifying in his own defense, Ashers denied that he had accepted the bribe and claimed that the voice recorded by Baez was not his, but in fact was the voice of one of his co-workers. The jury, nevertheless, convicted him.

The district court imposed a two-level enhancement to Ashers’ offense level under U.S.S.G. § 3C1.1 on two bases. The court first found that Ashers had committed perjury during his trial testimony. It also found that Ashers had intentionally disguised his voice in preparing the voice exemplar for the obvious purpose of attempting to deceive the defense expert and ultimately the court. Accordingly, the court adjusted Ashers’ offense level of 12, see U.S.S.G. § 2C1.1(a), (b)(1), by two levels for obstruction of justice, see U.S.S.G. § 3C1.1. Adjusted offense level 14, coupled with criminal history category I, resulted in a guideline range of 15-21 months. The district court sentenced Ash-ers to 18 months imprisonment, a sentence obviously within the applicable guideline range.

II.

Relying on the decision of this court in United States v. Dunnigan, 944 F.2d 178, Ashers argues that the district court erred in enhancing his offense level for obstruction of justice pursuant to U.S.S.G.[*413] § 3C1.1. [1] In Dunnigan, this court held that applying an enhancement for obstruction of justice based on a defendant’s perjury at trial impermissibly interfered with his right to testify on his own behalf. 944 F.2d at 182-85. [2] Dunnigan is the controlling law of this circuit, and hence binding on this panel. Thus, Ashers is correct that the district court erred in imposing the obstruction of justice enhancement on the basis of his perjured trial testimony.

III.

The district court imposed the obstruction of justice enhancement on the alternative basis of Ashers’ intentional falsification of the voice exemplar. Ashers does not maintain that the finding of the district court that he intentionally falsified the voice exemplar is clearly erroneous. Rather, he contends that even assuming this to be true, it could not justify the application of § 3C1.1. Therefore, the issue presented requires a de novo review of the scope of this guideline. United States v. Saintil, 910 F.2d 1231, 1232 (4th Cir.1990).

Section 3C1.1 is intended to apply to defendants who engage “ ‘in conduct calculated to mislead or deceive authorities or those involved in a judicial proceeding,’ ” United States v. Lange, 918 F.2d 707, 709 (8th Cir.1990) (quoting U.S.S.G. § 3C1.1, comment. (Nov.1989)), and applies to a “wide range of conduct,” United States v. Hicks, 948 F.2d 877, 883 (4th Cir.1991). The courts of appeals have applied this enhancement to a variety of misconduct including: fleeing from apprehension when combined with the endangerment of law enforcement officers or innocent bystanders, id. at 884; lying to a probation officer about the amount of attorney’s fees paid, id. at 885-87; attempting to destroy evidence of the crime, id. at 884-85; providing a false name and age to obtain an unauthorized release on bond pending trial, United States v. Romulus, 949 F.2d 713, 717 (4th Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 1690, 118 L.Ed.2d 403 (1992); refusing to provide financial information to a probation officer, United States v. Beard, 913 F.2d 193, 199 (5th Cir.1990); attempting to bribe a witness, United States v. Pierce, 893 F.2d 669, 677 (5th Cir.1990); refusing to comply with a court order requiring defendant to provide a handwriting exemplar, United States v. Reyes, 908 F.2d 281, 290 (8th Cir.1990), cert. denied, - U.S. -, 111 S.Ct. 1111, 113 L.Ed.2d 220 (1991); attempting to postpone trial by misrepresenting co-defendant’s health and firing attorney prior to trial, Morphew v. United States, 909 F.2d 1143, 1145-46 (8th Cir.1990); requesting a co-defendant to withhold information from law enforcement officials, United States v. Holland, 884 F.2d 354, 359 (8th Cir.), cert. denied, 493 U.S. 997, 110 S.Ct. 552, 107 L.Ed.2d 549 (1989); and failure to appear at sentencing, United States v. St. Julian, 922 F.2d 563, 571 (10th Cir.1990).

The commentary to U.S.S.G. § 3C1.1 contains “a non-exhaustive list of examples of the types of conduct” encompassed by the guideline. U.S.S.G. § 3C1.1, comment, (n. 3). Included among these are unlawfully influencing the testimony of a witness and conduct made illegal by 18 U.S.C.A. §§ 1501-16 (West 1984 & Supp.1992). U.S.S.G. § 3C1.1, comment, (n. 3(a), (i)). Section 1512(b) prohibits one from knowingly inviting reliance on a false recording with the intent to influence a witnesses’ trial testimony. See 18 U.S.C.A. §§ 1512(b), 1515(a)(3) (West Supp.1992). We conclude that Ashers’ conduct in providing a falsified voice exemplar to an expert witness for the purpose of inducing him to testify that it was unlikely that it was Ashers’ voice on an incriminating tape recording is encompassed within the obstruction of justice guideline.

[*414] IV.

Having concluded that one of the bases upon which the district court imposed the obstruction of justice enhancement was proper, we must determine whether we may nevertheless affirm Ashers’ sentence since the enhancement was alternatively based on perjured testimony, a factor Dunnigan found not to support the enhancement. If this court determines that a district court imposed a sentence “as a result of an incorrect application of the sentencing guidelines,” remand to the lower court is required. 18 U.S.C.A. § 3742(f)(1) (West Supp.1992). Remand is not required, however, if the sentence did not “result” from the error. See Williams v. United States, - U.S. -, 112 S.Ct. 1112, 1120, 117 L.Ed.2d 341 (1992).

The Government suggests that Williams controls and that we may properly affirm Ashers’ sentence only if viewing the record as a whole we are convinced that the district court would have imposed the same sentence. We disagree. This standard from Williams is applicable to determining when a sentence based on a departure results from an incorrect application of the guidelines. Because the district court did not depart from the sentencing guidelines in imposing Ashers’ sentence, we find the review analysis for departure sentences announced in Williams inapplicable.

In Williams, the Court was concerned with whether a departure sentence was imposed as a result of an incorrect application of the guidelines and, consequently, whether remand was required when an appellate court deemed invalid some, but not all, of the bases for the decision of the district court to depart from the applicable guideline range. It determined that an appellate court may properly conclude that a departure sentence is not the result of an inaccurate application of the guidelines if, viewing the record as a whole, it finds that the district court would have imposed the same sentence notwithstanding its reliance on an improper factor(s). Id. 112 S.Ct. at 1120.

However, departures from the applicable guideline range, at issue in Williams, and enhancements to the offense level resulting in a guideline sentence, at issue here, are fundamentally different under guidelines jurisprudence. Even if the district court identifies a circumstance justifying departure, the decision to depart is discretionary. See U.S.S.G. § 5K2.0, p.s. On the other hand, application of an enhancement to the offense level is mandatory, as opposed to discretionary, in the event the defendant engaged in conduct that is encompassed by a guideline providing for an enhancement. See U.S.S.G. Ch. 3, Pts. A-C, E. [3]

The analysis established in Williams to assist the reviewing court in deciding whether a departure sentence is the result of an incorrect application of the guidelines is used to determine whether a sentencing court would have exercised its discretion in the same way had it recognized that a portion of its reasoning was faulty. It is not applicable, however, when an appellate court is called upon to review a district court decision to apply an enhancement to the offense level on alternative grounds. The district court must adjust a defendant’s offense level by the prescribed number of levels when the defendant’s conduct is encompassed within the particular guideline, and any conduct that independently and properly should result in an increase in the offense level therefore justifies its application.

“When a district court has not intended to depart from the Guidelines, a sentence is imposed ‘as a result of’ an incorrect application of the Guidelines when the error results in the district court selecting a sentence from the wrong guideline range.” Williams, 112 S.Ct. at 1120 (quoting 18 U.S.C.A. § 3742(f)(1)). Although one basis for the application of an enhancement is found to have been erroneous, if the enhancement was applied properly on an alternative basis, the resulting adjusted offense level is correctly determined and a sentence imposed within the corresponding range is unexceptionable. Thus, having determined that the enhancement was applied[*415] properly on the basis of Ashers’ falsification of the voice exemplar, his sentence was not the result of an inaccurate application of the sentencing guidelines. Cf. Hicks, 948 F.2d at 887 (enhancement for obstruction of justice would be affirmed on any supporting ground).

AFFIRMED.

1

. Section 3C1.1 provides:

If the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense, increase the offense level by 2 levels.
2

. Dunnigan was decided after the district court sentenced Ashers.

3

. This reasoning is equally applicable to mitigating adjustments.