NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued August 3, 2021 Decided August 17, 2021 Before DIANE S. SYKES, Chief Judge MICHAEL B. BRENNAN, Circuit Judge AMY J. ST. EVE, Circuit Judge No. 20-3147 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Illinois, Eastern Division. v. No. 1:16-CR-00107(1) GABRIEL ROSAS, Andrea R. Wood, Defendant-Appellant. Judge. ORDER After applying a two-level enhancement under the Sentencing Guidelines for obstructing justice by lying, the district court sentenced Gabriel Rosas to 78 months in prison for two firearm-possession crimes. On appeal Rosas contends that the judge erred by finding that his lies during pretrial-detention proceedings supported that enhancement. In United States v. Bedolla-Zavala, 611 F.3d 392, 396 (7th Cir. 2010), we ruled that a defendant’s lies during pretrial proceedings about his personal information are material to the outcome of the case and therefore warrant the enhancement. Relying on that decision, the judge correctly applied the obstruction enhancement. We thus affirm. No. 20-3147 Page 2 I. Background Rosas was charged with two counts of possessing a firearm as a felon, 18 U.S.C. § 922(g)(1), and one count of distributing cocaine, 21 U.S.C. § 841(a)(1). Seeking release pending trial, Rosas told pretrial services and the magistrate judge that he had cancer and needed chemotherapy treatment every three months. Based on this information, pretrial services recommended release pending trial, even though other factors weighed against it. Because Rosas did not initially provide medical records substantiating his treatment, the magistrate judge deferred ruling on detention until Rosas supplied his records. After receiving those records, the magistrate judge found that Rosas had lied about his health. The records showed that although Rosas had been diagnosed with cancer in 2012, he was now in remission and had not received chemotherapy treatment since 2014. The lies, the magistrate judge explained, undermined Rosas’s credibility and placed pretrial service’s recommendation “somewhat on shaky ground.” The magistrate judge denied pretrial release for 12 reasons, one of which related to the lies. Rosas eventually pleaded guilty to two counts of possessing a firearm as a felon. In calculating the advisory range under the Sentencing Guidelines, the probation office recommended enhancements, including a two-level adjustment for obstructing justice based on Rosas’s lies that he needed cancer treatment. See U.S.S.G. § 3C1.1. Rosas objected to that enhancement. He argued that the statements were not material to the detention order because the order was based on 12 distinct reasons, only one of which pertained to his lies. He also argued that his lies did not bear on his guilt or innocence or otherwise involve relevant conduct. After hearing arguments at sentencing, the judge applied the obstruction-of- justice enhancement. In doing so, she briefly questioned whether the enhancement covered Rosas’s situation: “Frankly, it’s not clear to me that this is the type of misrepresentation, material misrepresentation, that the obstruction provision of …
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