United States v. Mark v. Buckley, 192 F.3d 708 (7th Cir. 1999). · Go Syfert
United States v. Mark v. Buckley, 192 F.3d 708 (7th Cir. 1999). Cases Citing This Book View Copy Cite
68 citation events (57 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Parra (ca5, 2024-08-05) · Strongest negative: United States v. Teyer (nysd, 2004-04-29)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Teyer
S.D.N.Y. · 2004 · signal: but see · confidence high
Id. at 383 (emphasis in original); accord, United States v. Gregory, 315 F.3d 637, 640 (6th Cir.2003); but see United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999) (rejecting Hopper in part because “[t]he fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation”).
discussed Cited as authority (verbatim quote) United States v. Parra
5th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of punishing obstruction of justice is not just to prevent miscarriages of justice but also to reduce the burden on the justice system.
discussed Cited as authority (verbatim quote) United States v. Joseph Furando (2×) also: Cited as authority (rule)
7th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation.
discussed Cited as authority (verbatim quote) United States v. Furando (2×) also: Cited as authority (rule)
7th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation.
discussed Cited as authority (verbatim quote) United States v. Irby, Maurice O.
7th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of punishing obstruction of justice is not just to prevent miscarriages of justice but also to reduce the burden on the justice system.
discussed Cited as authority (rule) United States v. Pons
7th Cir. · 2015 · confidence medium
“The fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation.” United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999).
cited Cited as authority (rule) United States v. George Kasp
7th Cir. · 2014 · confidence medium
Id.; United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Hacha
7th Cir. · 2013 · confidence medium
In general a defendant who obstructs justice must, to obtain the discount nevertheless, show either that the obstruction was trivial, putting the government to no added expense (in United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999), we gave the example of a defendant who lies about having possessed an illegal weapon but tenders a complete confession the next day), or that he had taken more than the routine steps that, in the absence of such obstruction, normally earn the discount.
discussed Cited as authority (rule) United States v. Juan Hacha
7th Cir. · 2013 · confidence medium
In general a defendant who obstructs justice must, to ob‐ tain the discount nevertheless, show either that the obstruc‐ tion was trivial, putting the government to no added ex‐ pense (in United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999), we gave the example of a defendant who lies about having possessed an illegal weapon but tenders a complete confession the next day), or that he had taken more than the routine steps that, in the absence of such obstruction, nor‐ mally earn the discount.
discussed Cited as authority (rule) United States v. Hollnagel
N.D. Ill. · 2013 · confidence medium
See, e.g., U.S. v. McKibbins, 656 F.3d 707, 711 (7th Cir.2011) (“The relevant intention is directed at making the government’s job harder in proving its case, not at actually succeeding in that effort.”); U.S. v. Buckley, 192 F.3d 708, 710 (7th Cir.1999) (“because the offense is one of attempting rather than of succeeding in obstructing justice, all that is required for a lie to be material is that it could, to some reasonable probability, affect the outcome of the process”); (see also Jury Instruc. at 35.) Rather, the government needed to prove that Defendants had a willful, corrupt…
cited Cited as authority (rule) United States v. Black
7th Cir. · 2010 · confidence medium
United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Gonzalez
7th Cir. · 2010 · confidence medium
In United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999), we gave the example of a defendant who when first *1008 questioned by the police had denied possessing an illegal weapon but the next day gave a complete confession and later pleaded guilty.
cited Cited as authority (rule) United States v. Michener
7th Cir. · 2009 · confidence medium
United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999).
cited Cited as authority (rule) United States v. Robert Michener
7th Cir. · 2009 · confidence medium
United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999).
cited Cited as authority (rule) United States v. Michener
7th Cir. · 2009 · confidence medium
United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999).
discussed Cited as authority (rule) United States v. House, Adonis
7th Cir. · 2008 · confidence medium
(He claims instead that he was simply determining whether he was going to testify, and that he was only trying to give his attorney accurate information about the witnesses in the case.) The sen- tencing guideline does not make attempts to “intimidate” the basis for an enhancement, however, but rather attempts to “obstruct or impede.” This is because the obstruction of justice enhancement is designed “not just to prevent miscarriages of justice but also to reduce the burden on the justice system.” United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999).
discussed Cited as authority (rule) United States v. House
7th Cir. · 2008 · confidence medium
(He claims instead that he was simply determining whether he was going to testify, and that he was only trying to give his attorney accurate information about the witnesses in the case.) The sentencing guideline does not make attempts to “intimidate” the basis for an enhancement, however, but rather attempts to “obstruct or impede.” This is because the obstruction of justice enhancement is designed “not just to prevent miscarriages of justice but also to reduce the burden on the justice system.” United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Swanson, Scott T.
7th Cir. · 2008 · confidence medium
In United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999), we joined several other circuits that No. 07‐3710 Page 4 had rejected the Ninth Circuit’s holding in United States v. Hopper, 27 F.3d 378, 383 (9th Cir. 1994).
discussed Cited as authority (rule) United States v. Swanson
7th Cir. · 2008 · confidence medium
In United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999), we joined several other circuits that had rejected the Ninth Circuit’s holding in United States v. Hopper, 27 F.3d 378, 383 (9th Cir.1994).
discussed Cited as authority (rule) United States v. White, Andrew S.
7th Cir. · 2004 · confidence medium
A defendant attempts to suborn perjury when he encourages a witness to testify falsely in an effort to improve his chances of acquittal, United States v. Duncan, 230 F.3d 980, 988 (7th Cir. 2000), and the attempt need not have suc- ceeded in affecting the outcome, see United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999).
discussed Cited as authority (rule) United States v. Andrew S. White
7th Cir. · 2004 · confidence medium
A defendant attempts to suborn perjury when he encourages a witness to testify falsely in an effort to improve his chances of acquittal, United States v. Duncan, 230 F.3d 980, 988 (7th Cir.2000), and the attempt need not have succeeded in affecting the outcome, see United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Salazar-Samaniega
10th Cir. · 2004 · confidence medium
See United States v. Chung, 261 F.3d 536, 540 (5th Cir.2001) (“this case is a fine example of Hopper’s limitations” for defendant’s obstructive conduct, though it ceased, still “forced the government to waste resources preparing for trial”); United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999) (Hopper “is inconsistent with the language of the guidelines and, we add, with common sense” for, as in *1280 the case at hand, “[t]he fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make…
cited Cited as authority (rule) United States v. Nathaniel Saunders
7th Cir. · 2004 · confidence medium
United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
cited Cited as authority (rule) United States v. Saunders, Nathaniel
7th Cir. · 2004 · confidence medium
United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999).
cited Cited as authority (rule) United States v. Mercado
7th Cir. · 2003 · confidence medium
That it did not actually affect it is-immaterial.” United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Travis, Christopher
7th Cir. · 2002 · confidence medium
See Mayberry, 272 F.3d at 949 ; 4 No. 01-3954 United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999); see also United States v. Allee, 282 F.3d 997, 1002 (8th Cir. 2002); U.S.S.G. § 3E1.1, cmt. n.4.
cited Cited as authority (rule) United States v. Christopher Travis
7th Cir. · 2002 · confidence medium
See Mayberry, 272 F.3d at 949; United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999); see also United States v. Allee, 282 F.3d 997, 1002 (8th Cir.2002); U.S.S.G. § 3E1.1, cmt. n. 4.
cited Cited as authority (rule) United States v. Peterson
7th Cir. · 2002 · confidence medium
Mayberry, 272 F.3d at 949 ; United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999); U.S.S.G. § 3E1.1, comment. (n.4).
discussed Cited as authority (rule) United States v. Mayberry, Stanley (2×)
7th Cir. · 2001 · confidence medium
Typically, a defendant who accepts responsibility for his actions is entitled to a reduction in his sentence, U.S. Sentencing Guidelines Manual sec. 3E1.1; Johnson, 227 F.3d at 815 , but "[a] defendant who has obstructed justice is presumed not to have accepted responsibility," United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999); U.S. Sentencing Guidelines Manuel sec. 3E1.1, cmt. n.4 ("[Obstructing justice] ordinarily indicates that the defendant has not accepted responsibility for his criminal conduct.").
discussed Cited as authority (rule) United States v. Stanley Mayberry (2×)
7th Cir. · 2001 · confidence medium
Typically, a defendant who accepts responsibility for his actions is entitled to a reduction in his sentence, U.S. Sentencing Guidelines Manual § 3E1.1; Johnson, 227 F.3d at 815 , but “[a] defendant who has obstructed justice is presumed not to have accepted responsibility,” United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999); U.S. Sentencing Guidelines Manual § 3E1.1, cmt. n. 4 (“[Obstructing justice] ordinarily indicates that the defendant has not accepted responsibility for his criminal conduct.”).
cited Cited as authority (rule) United States v. Chung
5th Cir. · 2001 · confidence medium
United States v. Honken, 184 F.3d 961, 967-973 (8th Cir.1999); United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999).
discussed Cited as authority (rule) United States v. Thomas Anderson
7th Cir. · 2001 · confidence medium
However, "all that is required for a lie to be material is that it could, to some reasonable probability, affect the outcome of the ... sentence.” United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999), cert. denied, 529 U.S. 1137, 120 S.Ct. 2021 , 146 L.Ed.2d 969 (2000).
discussed Cited as authority (rule) United States v. Anderson, Thomas
7th Cir. · 2001 · confidence medium
Howev- er, "all that is required for a lie to be materi- al is that it could, to some reasonable probabil- ity, affect the outcome of the . . . sentence." United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999), cert. denied, 529 U.S. 1137 (2000).
discussed Cited as authority (rule) United States v. Jose J. Arambula
7th Cir. · 2001 · confidence medium
An assessment of the materiality of false testimony to the issue under determination is crucial because “ ‘obstruction of justice’ refers to efforts to impede the process of legal justice.... ” United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999) (citations omitted).
discussed Cited as authority (rule) United States v. Arambula, Jose J.
7th Cir. · 2001 · confidence medium
An assessment of the materiality of false testimony to the issue under determination is crucial because "’obstruction of justice’ refers to efforts to impede the process of legal justice . . . ." United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999) (citations omitted).
discussed Cited as authority (rule) United States v. Robert Joseph Souther (2×)
4th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Buckley, 192 F.3d 708, 709 (7th Cir.1999) (remarking upon the correctness of the district court’s determination that a briefcase appeared to be a dangerous weapon under section 2B3.1(b)(2)(E) because of a note representing that it was a bomb).
discussed Cited as authority (rule) United States v. Robert J. Souther
4th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Buckley, 192 F.3d 708, 709 (7th Cir. 1999) (remarking upon the correctness of the district court's determination that a briefcase appeared to be a dangerous weapon under section 2B3.1(b)(2)(E) because of a note representing that it was a bomb).
cited Cited as authority (rule) United States v. Lawrence E. Simmons, Jr.
7th Cir. · 2000 · confidence medium
He must demonstrate that he has accepted full responsibility for his actions, United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999).
cited Cited as authority (rule) United States v. Simmons, Lawrence E.
7th Cir. · 2000 · confidence medium
He must demonstrate that he has accepted full responsibility for his actions, United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999).
discussed Cited "see" United States v. Gregory Bennett
7th Cir. · 2013 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999) (rejecting the argument that a defendant who earlier obstructed justice may “wipe the slate clean, and earn the acceptance of responsibility discount, just by pleading guilty and thereafter refraining from obstructing justice further”).
cited Cited "see" United States v. Rounsaville, David
7th Cir. · 2007 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999) (“[We] do not see how obstruction of justice at the sentencing hearing can be thought consistent with acceptance of responsibility.”).
discussed Cited "see" United States v. Howard
10th Cir. · 2007 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999) (“The fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation.”).
cited Cited "see" United States v. Peyla, Michael R.
7th Cir. · 2006 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999); United States v. Lallemand, 989 F.2d 936, 938 (7th Cir.1993).
discussed Cited "see" United States v. Maurice O. Irby
7th Cir. · 2001 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999) (“The purpose of punishing obstruction of justice is not just to prevent miscarriages of justice but also to reduce the burden on the justice system.”). *601 Finally, Irby’s contentions that Toombs’s testimony was (1) unreliable and (2) inadequate in providing the court with a basis for finding that Irby had specific intent to influence the sentencing proceedings, are likewise without merit.
cited Cited "see" United States v. Elena S. Duncan
7th Cir. · 2000 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 710 (7th Cir.1999), cert. denied, - U.S.-, 120 S.Ct. 2021 , 146 L.Ed.2d 969 (2000).
cited Cited "see" United States v. Duncan, Elena S.
7th Cir. · 2000 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 710 (7th Cir. 1999), cert. denied, 68 U.S.L.W. 3725 (U.S. May 22, 2000) (No. 99-9189).
cited Cited "see" United States v. Angel C. Lopez
7th Cir. · 2000 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999); United States v. Ramunno, 133 F.3d 476, 480 (7th Cir.1998); United States v. Lallemand, 989 F.2d 936, 938 (7th Cir.1993).
cited Cited "see" United States v. Lopez, Angel C.
7th Cir. · 2000 · signal: see · confidence high
See United States v. Buckley, 192 F.3d 708, 711 (7th Cir. 1999); United States v. Ramunno, 133 F.3d 476, 480 (7th Cir. 1998); United States v. Lallemand, 989 F.2d 936, 938 (7th Cir. 1993).
discussed Cited "see, e.g." United States v. Rowsey
N.D. Ind. · 2006 · signal: see also · confidence medium
See also United States v. Buckley, 192 F.3d 708, 709 (7th Cir.1999), cert. denied, 529 U.S. 1137 , 120 S.Ct. 2021 , 146 L.Ed.2d 969 (2000). 4 The rationale behind this rule is that there is a risk that a violent response might result from brandishing, displaying, or possessing a dangerous weapon during the commission of a robbery.
discussed Cited "see, e.g." United States v. Hart, Emmanuel
7th Cir. · 2000 · signal: see also · confidence medium
U.S.S.G. sec. 2B3.1(b)(2)(E), comment. (n.2); see also United States v. Buckley, 192 F.3d 708, 709 (7th Cir. 1999), cert. denied, 120 S. Ct. 2021 (2000); accord United States v. Miller, 206 F.3d 1051 , 1052 (11th Cir. 2000) ("Based on the plain language of this commentary, we have recognized that objects which appear to be dangerous weapons should be treated for sentencing purposes as if they actually were dangerous weapons."). "[I]nsofar as dangerous weapons are concerned, appearances count as well as reality. . . ." United States v. Koonce, 991 F.2d 693, 697 (11th Cir. 1993).
UNITED STATES of America, Plaintiff-Appellant,
v.
Mark v. BUCKLEY, Defendant-Appellee
99-1288.
Court of Appeals for the Seventh Circuit.
Sep 22, 1999.
192 F.3d 708
1999 U.S. App. LEXIS 23174
1999 WL 735706
Carolyn F. McNiven (argued), Chicago, IL, for plaintiff-appellant., Micky Forbes (argued), Office of the Federal Defender Program, Chicago, IL, for defendant appellee.
Posner, Bauer, Wood.
Cited by 54 opinions  |  Published
POSNER, Chief Judge.

The defendant pleaded guilty to bank robbery, 18 U.S.C. § 2113(a), and was sentenced to 63 months in prison. 31 F.Supp.2d 1053 (N.D.Ill.1998). The government appeals the sentence, claiming that Buckley should have been given an obstruction of justice enhancement and denied an acceptance of responsibility discount. U.S.S.G. §§ 3C1.1, 3E1.1. If the government is right, Buckley should have received a minimum sentence of 100 months.

Buckley had entered the bank carrying a briefcase plus a BB gun hidden in his waistband, and had handed a teller a note saying that he had a gun and a bomb. The sentencing guidelines provide for enhanced punishment for robbery “if a dangerous weapon was brandished, displayed, or possessed” during the robbery. U.S.S.G. § 2B3.1(b)(2)(E). A harmless object that “appeared to be a dangerous weapon” is treated as if it were a dangerous weapon. U.S.S.G. § 1B1.1, Application Note 1(d); § 2B3.1, Application Note 2; United States v. Robinson, 20 F.3d 270, 277 (7th Cir.1994); United States v. Vincent, 121 F.3d 1451, 1455 (11th Cir.1997); United States v. Dixon, 982 F.2d 116, 122 (3d Cir.1992). The parties agreed from the first that a BB gun is either a dangerous weapon or appears to be a dangerous weapon. But at his guilty plea hearing and in a statement to his probation officer Buckley denied that he had had the gun with him during the robbery. The probation officer did not believe him (when arrested, Buckley had confessed to having had the gun with him during the robbery), and he also thought that the briefcase appeared to be a dangerous weapon by virtue of the statement in the note to the teller that Buckley had a bomb.

At sentencing the district judge both found that Buckley had in fact had the BB gun with him (which he no longer denies) and ruled that the briefcase fit the guidelines definition of a dangerous weapon, a ruling that was undoubtedly correct, United States v. Dzielinski, 914 F.2d 98 (7th Cir.1990); United States v. Vincent, [*710] supra, 121 F.3d at 1455, and that Buckley does not contest. But precisely because the briefcase was classifiable as a dangerous weapon, the judge concluded that Buckley’s lie about the BB gun was immaterial and so not an obstruction of justice. She further found that he was contrite and therefore entitled to a sentencing discount for acceptance of responsibility.

The district judge misconstrued the legal concept of materiality as it is understood in cases of obstruction of justice whether under the guidelines or under the general law of obstruction of justice.

The term “obstruction of justice” refers to efforts to impede the processes of legal justice, e.g., United States v. Aguilar, 515 U.S. 593, 598-602, 115 S.Ct. 2357, 132 L.Ed.2d 520 (1995), including the sentencing process (Buckley made no effort to obstruct the guilt determining process). United States v. Wells, 154 F.3d 412, 414 (7th Cir.1998); United States v. Green, 114 F.3d 613, 619-20 (7th Cir.1997); United States v. Winston, 34 F.3d 574, 579-80 (7th Cir.1994); United States v. Gilbert, 173 F.3d 974, 979 (6th Cir.1999). We emphasize “efforts.” Obstruction of justice is a crime (more precisely a medley of crimes, see 18 U.S.C. ch. 73; Lisa R. Rafferty & Julie Teperow, “Obstruction of Justice,” 35 Am.Crim. L.Rev. 989 (1998), as well as a basis for enhanced punishment) of attempting; success is not an element in either situation. See, e.g., 18 U.S.C. § 1503; United States v. Aguilar, supra, 515 U.S. at 601-02, 115 S.Ct. 2357; United States v. Ewing, 129 F.3d 430, 435 (7th Cir.1997); United States v. Muhammad, 120 F.3d 688, 694-95 (7th Cir.1997); United States v. Sayetsitty, 107 F.3d 1405, 1410 (9th Cir.1997). When obstruction takes the form, as in this case, of perjury or other lying, see, e.g., United States v. Dunnigan, 507 U.S. 87, 93-94, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993); United States v. Norris, 300 U.S. 564, 574, 57 S.Ct. 535, 81 L.Ed. 808 (1937); United States v. Hach, 162 F.3d 937, 948-49 (7th Cir.1998); United States v. Molina, 172 F.3d 1048, 1058 (8th Cir.1999); U.S.S.G. § 3C1.1 and Application Note 4, the materiality of the lie becomes a focus of inquiry because a lie that is immaterial to the justice process is not a potential interference with it. See United States v. Barrett, 111 F.3d 947, 953 (D.C.Cir.1997); United States v. Surasky, 976 F.2d 242, 246 n. 5 (5th Cir.1992). But because the offense is one of attempting rather than of succeeding in obstructing justice, all that is required for a he to be material is that it could, to some reasonable probability, affect the outcome of the process (here, the sentence). U.S.S.G. § 3C1.1, Application Note 6; United States v. Gaudin, 515 U.S. 506, 509, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995); United States v. Craig, 178 F.3d 891, 901-02 (7th Cir.1999); United States v. Sarihifard, 155 F.3d 301, 306 (4th Cir.1998). That it did not actually affect it is — immaterial. E.g., United States v. Harrison, 42 F.3d 427, 430 (7th Cir.1994); United States v. DeZarn, 157 F.3d 1042, 1051-52 (6th Cir.1998); United States v. Sarihifard, supra, 155 F.3d at 306; Kathryn Kavanaugh Baran & Rebecca I. Ruby, “Perjury,” 35 Am.Crim. L.Rev. 1035, 1049-52 (1998).

The purpose of punishing obstruction of justice is not just to prevent miscarriages of justice but also to reduce the burden on the justice system. United States v. Norris, supra, 300 U.S. at 574, 57 S.Ct. 535; United States v. Wells, supra, 154 F.3d at 414-15. If a defendant throws a monkey wrench into it the system is damaged even if the only cost is that of removing the monkey wrench before it can wreck the system. Which is what happened here. By falsely denying that he had had the BB gun with him during the robbery, Buckley induced the probation service to search around for an alternative basis for the dangerous-weapon enhancement; and since a briefcase does not look like a dangerous weapon, or indeed a weapon of any sort, there was some chance that the judge, if she believed Buckley’s lie about the gun, would not impose a danger[*711] ous-weapon enhancement at all. Buckley tried to gum up the works, and the probation service, the U.S. Attorney’s office, and the district judge all had to spend time to remove the gum. No more is necessary to establish an obstruction of justice and require the obstruction of justice enhancement.

Although a defendant who has obstructed justice is presumed not to have accepted responsibility, U.S.S.G. § 3E1.1, Application Note 4; United States v. Larsen, 909 F.2d 1047, 1050 (7th Cir.1990), it is possible to imagine cases in which the presumption would be rebutted. United States v. Hopper, 27 F.3d 378, 383 (9th Cir.1994), caused a fluttering in the judicial dovecotes by suggesting that a defendant who had obstructed justice could wipe the slate clean, and earn the acceptance of responsibility discount, just by pleading guilty and thereafter refraining from obstructing justice further. That position has been rejected, and rightly so in our view, by the other circuits to have confronted the issue, e.g., United States v. Honken, 184 F.3d 961 (8th Cir.1999); United States v. Dozier, 162 F.3d 120, 127 (D.C.Cir.1998) (alternative holding); United States v. Hawley, 93 F.3d 682, 689-90 (10th Cir.1996), as being inconsistent with the language of the guidelines and, we add, with common sense. The fact that a defendant having done everything he could to obstruct justice runs out of tricks, throws in the towel, and pleads guilty does not make him a prime candidate for rehabilitation. But suppose that Buckley in his first interview with the police had denied possession of the BB gun but the very next day had ‘fessed up. That initial obstruction of justice would require additional punishment but would not absolutely preclude a discount for acceptance of responsibility. United States v. Lallemand, 989 F.2d 936, 938 (7th Cir.1993). The sequence here, however, was the reverse. Buckley first admitted the possession of the gun and then denied it right up through the sentencing hearing. He may be, as the district judge thought, remorseful and contrite — but not to the extent of being willing to be punished to the full extent of the law. He thus is unwilling to accept full responsibility for his conduct, and without full acceptance there can be no acceptance of responsibility sentencing discount. United States v. Brown, 47 F.3d 198, 204 (7th Cir.1995). We thus do not see how obstruction of justice at the sentencing hearing can be thought consistent with acceptance of responsibility. United States v. Larsen, supra, 909 F.2d at 1050; United States v. Honken, supra; United States v. Loeb, 45 F.3d 719, 722 (2d Cir.1995). The judge, of course, did not think that Buckley had obstructed justice; but when her error in that regard is corrected, no possible ground remains for finding acceptance of responsibility.

The judgment is vacated and the case is remanded for resentencing in conformity with this opinion.