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Newman: Taking Child to Yemen Not "Otherwise Extensive" Offense

By Tim Cone

In U.S. v. Newman, No. 09-14557 (Aug. 17, 2010), the Court affirmed the imposition of a sentence enhancement under USSG § 2J1.2(b)(2) for ?substantial interference with the administration of justice.? Newman was convicted of removing his child outside the United States with the intent to obstruct the other parent?s lawful exercise of parental rights. The enhancement was based on Newman?s ?self-help? reaction in response to a state court custody order. The Court rejected the argument that this basis created a ?per se rule? that the enhancement would apply in all custody cases where an order has issued. It is the nexus between Newman?s dissatisfaction with the custody determination and his intent to frustrate it, not the order itself, that renders the enhancement applicable...continue to full post

Full post as published by Defense Newsletter Blog on August 17, 2010 (boomark / email).