United States v. Henry J. Uscinski, 369 F.3d 1243 (11th Cir. 2004). · Go Syfert
United States v. Henry J. Uscinski, 369 F.3d 1243 (11th Cir. 2004). Cases Citing This Book View Copy Cite
41 citation events (41 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Rodney Choute (ca11, 2026-05-27)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Rodney Choute (2×) also: Cited "see"
11th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
to permit meaningful appellate review, a district court should make specific findings of fact when , . . . ut a remand is unnecessary if the record clearly reflects the basis for enhancement.
discussed Cited as authority (rule) United States v. Alan Scott Hobbs (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Generally speaking, district courts “should make specific findings of fact when applying § 3C1.1.” United States v. Uscin- *846 ski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Willie Daren Durrett
11th Cir. · 2013 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
discussed Cited as authority (rule) United States v. Allen Caprice Stoudemire (2×) also: Cited "see, e.g."
11th Cir. · 2012 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004). “[I]n order to permit meaningful appellate review, a district court applying the obstruction of justice enhancement must specifically state what the defendant did, why that conduct warranted the enhancement, and how that conduct actually hindered the investigation or prosecution of the offense.” United States v. Taylor, 88 F.3d 938, 944 (11th Cir.1996).
discussed Cited as authority (rule) United States v. Henry Max Rushen (2×)
11th Cir. · 2012 · confidence medium
“When a district court imposes an enhancement for obstruction of justice, [we] review[] the district court’s factual findings for clear error and its application of the sentencing *873 guidelines to those facts de novo.” United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) In Re Uscinski
D.C. · 2010 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Carlos Diaz
11th Cir. · 2010 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004) (per curiam).
cited Cited as authority (rule) In Re Uscinski
D.C. · 2009 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Troy Nolan Harkness
11th Cir. · 2008 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Antonio Lee Tyler
11th Cir. · 2008 · confidence medium
Also, “a remand is unnecessary if the record clearly reflects the basis for enhancement.” United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir. 2004).
discussed Cited as authority (rule) United States v. Jesus Francisco Frias
11th Cir. · 2007 · confidence medium
When a district court imposes an enhancement for obstruction of justice, we review the court’s factual findings for clear error and review de novo the application of the sentencing guidelines to the facts. *246 United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Orin Cort
11th Cir. · 2007 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir. 2004).
discussed Cited as authority (rule) United States v. Teyon Malik Herring
11th Cir. · 2007 · confidence medium
Even if a district court fails to make specific findings, “a remand is unnecessary if the record clearly reflects the basis for enhancement.” See United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Alfredo Garcia
11th Cir. · 2007 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
discussed Cited as authority (rule) United States v. Kaytrena J. Francis
11th Cir. · 2006 · confidence medium
Even if a district court fails to make specific findings, “a remand is unnecessary if the record clearly reflects the basis for enhancement.” See United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
discussed Cited as authority (rule) United States v. Meenya Tanesh Thomas (2×)
11th Cir. · 2006 · confidence medium
“Impermissible double counting occurs only when one part of the Guidelines is applied to increase a defendant’s punishment on account of a kind of harm that has already been fully accounted for by application of another part of the Guidelines.” United States v. Uscinski, 369 F.3d 1243, 1247 (11th Cir.2004).
discussed Cited as authority (rule) United States v. Marissa Giselle Massey
11th Cir. · 2006 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004); see also Merrill Stevens Dry Dock Co. v. M/V Yeocomico II, 329 F.3d 809, 816 (11th Cir. 2003) (stating that under clear error, we must affirm the district court’s determination so long as it is “plausible in light of the record viewed in its entirety”).
cited Cited as authority (rule) United States v. Stoney Lester
11th Cir. · 2005 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004) (obstruction cases); United States v. Gallo, 195 F.3d 1278, 1280 (11th Cir.1999) (§ 2D1.1(b)(1) cases).
cited Cited as authority (rule) United States v. John F. Thompson, III
11th Cir. · 2005 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004).
cited Cited as authority (rule) United States v. Lester
11th Cir. · 2005 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004) (obstruction cases); United States v. Gallo, 195 F.3d 1278, 1280 (11th Cir.1999) (§ 2Dl.l(b)(l) cases).
discussed Cited as authority (rule) United States v. Dar Dar Paye
11th Cir. · 2005 · confidence medium
Paye relies on United States v. Uscinski, 369 F.3d 1243, 1247 (11th Cir.2004) (affirming obstruction enhancement where defendant’s false statements misled government), and United States v. Shriver, 967 F.2d 572, 574-75 (11th Cir.1992) (stating that making false statements, not under oath, to law enforcement officers did not warrant the obstruction enhancement), for his argument that his false statements did not impede the investigation.
discussed Cited as authority (rule) United States v. Damon Amedeo (2×) also: Cited "see"
11th Cir. · 2004 · confidence medium
United States v. Uscinski, 369 F.3d 1243, 1246 , (No. 03-11377), 2004 WL 1066605, at *2 (11th Cir. May 12, 2004).
discussed Cited "see" United States v. Andrew Gareth Nelson
11th Cir. · 2015 · signal: see · confidence high
See United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir.2004). *577 Pursuant to U.S.S.G § 3El.l(a), a defendant is entitled to a two-level reduction in his offense level if he clearly demonstrates acceptance of responsibility.
discussed Cited "see" United States v. Patricia Denese Anderson (2×) also: Cited "see, e.g."
11th Cir. · 2013 · signal: see · confidence high
See Uscinski, 369 F.3d at 1246 ; Taylor, 88 F.3d at 944 .
discussed Cited "see" United States v. Mark S. Maggert
11th Cir. · 2011 · signal: see · confidence high
See United States v. Uscinski, 369 F.3d 1243, 1247 (11th Cir.2004) (explaining that when the tax evasion involves the filing of a fraudulent tax return, the offense is complete upon filing of the return).
discussed Cited "see, e.g." United States v. Roberto Batista Jean Francois
11th Cir. · 2025 · signal: compare · confidence medium
Compare United States v. Uscinski, 369 F.3d 1243, 1247 (11th Cir. 2004) (holding the district court did not err in applying the obstruction of justice adjustment because the defend- ant’s false statements caused the government to take the additional step of having foreign governments trace money), with Banks, 347 F.3d at 1271 (vacating a sentence with an obstruction of justice ad- justment because the government did not present evidence of any action caused by the defendant’s false statement about his identity).
discussed Cited "see, e.g." United States v. Diana Robinson
11th Cir. · 2023 · signal: see also · confidence medium
See ADT LLC v. NorthStar Alarm Servs., LLC, 853 F.3d 1348, 1351 (11th Cir. 2017); see also United States v. Uscinski, 369 F.3d 1243, 1246 (11th Cir. 2004) (reviewing factual findings in the criminal context for clear error).
discussed Cited "see, e.g." United States v. Mark Hopkins (2×)
10th Cir. · 2013 · signal: see also · confidence low
Moreover, application of this enhancement has been affirmed in similar circumstances, and determined to not be impermissible double counting, 36 based on tax-evasion offense conduct because efforts to prevent the government from discovering tax evasion constituted a “separate and distinct” harm from the “obstruction of the collection of revenue.” United States v. Sabino, 307 F.3d 446, 450-51 (6th Cir. 2002); see also United States v. Uscinski, 369 F.3d 1243 , 1247- 48 (11th Cir. 2004).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Henry J. USCINSKI, Defendant-Appellant
03-11377.
Court of Appeals for the Eleventh Circuit.
May 12, 2004.
369 F.3d 1243
James A. Bruton, III, Washington, DC, for Defendant-Appellant., Thomas F. Kirwin, E. Bryan Wilson, Asst. U.S. Atty., Tallahassee, FL, for Plaintiff-Appellee.
Edmondson, Dubina, Cox.
Cited by 28 opinions  |  Published
1 passages pin-cited by 4 cases
Pinpoint authority: #17,443 of 633,719
Citer courts: Eleventh Circuit (4)
PER CURIAM:

In 2002, Appellant Henry Uscinski pleaded guilty to violating 26 U.S.C. § 7201 by filing a false tax return for the 1996 tax year in which he knowingly understated his taxable income by $1,551,863. At sentencing, the district court enhanced Uscinski’s sentence for obstruction of justice and fined Uscinski $250,000. Uscinski appeals the enhancement and the amount of the fine. We affirm, except we vacate and remand on the amount of the fine.

BACKGROUND

In January 1996, Appellant Henry Us-cinski began representing Claude Louis DuBoc in extradition proceedings. The government had informed Uscinski that all of DuBoc’s funds were drug-tainted and forfeitable to the United States. In May 1996, DuBoc gave Uscinski authority to handle DuBoc’s financial affairs with respect to DuBoc’s account in Austria. Between August and November 1996, Us-cinski withdrew for his personal use approximately $1,500,000 from DuBoc’s account. Uscinski then transferred those funds to various banks. Uscinski did not report the funds as income on his 1996 federal income tax return.

In 1997, the government began investigating the existence of DuBoc’s previously[*1246] unknown Austrian bank account. During that investigation, the government learned of Uscinski’s control over the account and his transfers of funds. The government also found a letter from another of Du-Boc’s attorneys to Uscinski with an article on countries having lax money laundering regulations.

Thereafter, the government asked Us-cinski about the Austrian account. Uscin-ski lied about the location of the money transferred and about the purpose of the transfers — stating that the money was used to support DuBoc’s family. Based on that conversation, the government, with the help of foreign governments, traced the money to determine if it had been used for DuBoc’s family — it had not. Instead, the government discovered that the money had been used for Uscinski’s personal benefit.

Thereafter, the government charged Us-cinski with tax evasion, and he pleaded guilty to the offense. Useinski’s Pre-Sen-tencing Investigation report recommended a two-level increase for obstruction of justice and stated that $250,000 was the statutory maximum fine. The district court sentenced Uscinski to 42-month’s imprisonment and a $250,000 fíne.

DISCUSSION

Uscinski argues that the district court erred in imposing an enhancement for obstruction of justice because (1) the district court did not enter specific findings of fact; (2) Uscinski’s acts did not obstruct justice; and (3) imposition of the enhancement amounts to impermissible double counting. When a district court imposes an enhancement for obstruction of justice, this Court reviews the district court’s factual findings for clear error and its application of the sentencing guidelines to those facts de novo. 18 U.S.C. § 3742; United States v. Bradford, 277 F.3d 1311, 1315 (11th Cir.2002).

Sentencing Guidelines § 3C1.1 provides for a two-level enhancement if “the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the course of the investigation, prosecution, or sentencing of the instant offense of conviction.” U.S.S.G. § 3C1.1. And application note 4(g) mandates the enhancement if a defendant made a material false statement to a law enforcement officer and that statement significantly obstructed or impeded the investigation. Id. comment. (n.4(g)).

I. Findings of Fact.

Uscinski first argues that the district court erred in applying an obstruction enhancement because the court failed to make adequate findings of fact. To permit meaningful appellate review, a district court should make specific findings of fact when applying § 3C1.1. United States v. Alpert, 28 F.3d 1104, 1107-08 (11th Cir.1994) (en banc). For false statements, a district court “must find that the statements were false and material” and “must also explain how the statements significantly obstructed or impeded the investigation or prosecution of the offense.” Id. But a remand is unnecessary if the record clearly reflects the basis for enhancement. United States v. Taylor, 88 F.3d 938, 944 (11th Cir.1996).

In this case, the record clearly reflects the basis for the district court’s enhancement: the enhancement was based upon Uscinski’s statements that the money had been transferred to support DuBoc’s family. Uscinski does not dispute that his statements were false and material. Therefore, we need not remand for additional findings.

[*1247] II. Obstruction of Justice.

Uscinski next argues that his false statements did not obstruct the government’s investigation. Although a defendant’s denial of guilt will not support an enhancement for obstruction, Uscinski’s statement was more than a denial of guilt: Uscinski’s statements caused the government to take the additional and unusual step of having foreign governments trace the $1,551,863 to determine if the money went to DuBoc’s family. See United States v. Salemi, 26 F.3d 1084, 1088 (11th Cir.1994) (concluding that defendant’s false statements were not merely denials of guilt because they were made to impede and misdirect the government’s investigation). Because Uscinski did not simply deny his guilt, but instead concocted a false, exculpatory story that misled the government, the district court did not err concluding that Uscinski significantly obstructed justice.

III. Double Counting.

Uscinski also argues that the district court erred in applying the enhancement for obstruction because doing so amounted to impermissible double counting. Uscinski argues that double counting occurred because his false statements were part of his offense of tax evasion.

This Court reviews de novo a claim of double counting. United States v. Naves, 252 F.3d 1166, 1168 (11th Cir.2001). Impermissible double counting occurs “when one part of the Guidelines is applied to increase a defendant’s punishment on account of a kind of harm that has already been fully accounted for by application of another part of the Guidelines.” Id. “Double counting is permitted if the Sentencing Commission intended the result, and if the result is permissible because each section concerns conceptually separate notions related to sentencing.” Id. (citation and quotations omitted). “Absent a specific direction to the contrary, we presume that the Sentencing Commission intended to apply separate guideline sections cumulatively.” Id.

The guideline calculation for tax evasion, U.S.S.G. § 2T1.1, does not take into account Uscinski’s statements because those statements were not part of Uscinski’s offense of tax evasion under 26 U.S.C. § 7201. Section 7201 states:

Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

26 U.S.C. § 7201. Under § 7201, false statements are sometimes part of the offense of tax evasion. See United States v. Winfield, 960 F.2d 970, 973 (11th Cir.1992) (per curiam) (stating that under § 7201, for tax evasion involving failure to file a return, a false statement made after the date the return was due is an affirmative act of evasion). But, under § 7201, when tax evasion involves the filing of a fraudulent tax return, the offense is complete upon filing. Sansone v. United States, 380 U.S. 343, 85 S.Ct. 1004, 1011, 13 L.Ed.2d 882 (1965). * Because Uscinski’s tax evasion was complete upon the filing of his tax return, his false statements to the government were not a continuation of his crime.

[*1248] Furthermore, Uscinski’s false statements involved a notion conceptually separate from tax evasion. Uscinski made his statements in an effort to prevent the government from discovering his tax evasion. This obstruction of justice is a harm “separate and distinct” from the “obstruction of the collection of revenue.” United States v. Sabino, 807 F.3d 446, 451 (6th Cir.2002) (concluding that no impermissible double counting occurred by imposing an enhancement for obstruction of justice in a tax evasion case). Finally, the sentencing guidelines do not specifically prohibit, in tax evasion cases, an enhancement for obstruction of justice based upon false statements to law enforcement.

Because Uscinski’s false statements were not part of his offense of tax evasion, the enhancement for obstruction of justice does not amount to impermissible double counting. Therefore, the district court did not err in applying an enhancementhmder § 3C1.1.

CONCLUSION

The record shows that Uscinski’s false statements significantly obstructed the government’s investigation of DuBoc’s Austrian account. And those false statements were not a part of Uscinski’s offense of tax evasion. Because the record supports a § 3C1.1 enhancement for obstruction and because that enhancement does not amount to double counting, we affirm the district court’s 2-level enhancement for obstruction of justice.

Uscinski also appeals the $250,000 fine, arguing that the district court erred in imposing a fine in excess of the guideline range. The government agrees that the district court erred in imposing a $250,000 fine. Therefore, we accept the concession of error and vacate and remand for resen-tencing on this issue.

AFFIRMED IN PART; VACATED IN PART AND REMANDED.

*

We read Winfield narrowly to prevent it from conflicting with Sansone. Winfield's application is limited to § 7201 evasions involving failure to file a tax return. Where a tax return has been filed, Sansone applies; and the tax evasion is complete upon filing.