CA3: Hiding computer evidence when def learns SW coming is “contemporaneously with arrest” for U.S.S.G. 3C1.1

Defendant panicked when he heard the police were coming to his house to search, and he moved files to his computer recycling bin. The court finds this was “contemporaneously with arrest” for U.S.S.G. 3C1.1, but, because they were easily recovered, court finds the government was not harmed and an obstruction sentencing enhancement was improperly applied. United States v. Welshans, 2018 U.S. App. LEXIS 15954 (3d Cir. June 12, 2018).

The stop was valid, and neither the driver nor passenger had a valid driver’s license. Impoundment was thus reasonable and inevitable discovery applied. United States v. Constanza, 2018 U.S. Dist. LEXIS 100496 (M.D. Ga. June 15, 2018).*

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