CA8: Def’s lie about cell phone password in response to SW for phone warranted obstruction of justice enhancement

Defendant’s lying about his phone password in response to a search warrant for the phone warranted an obstruction of justice enhancement on the Sentencing Guidelines. United States v. Beattie, 2019 U.S. App. LEXIS 9462 (8th Cir. Apr. 1, 2019):

The district court found that Beattie first obstructed justice when, in response to a warrant, he provided incorrect passcodes to his iPhone and iPad in December 2015. Beattie contends that the furnishing of passcodes was testimonial and that he was asserting his Fifth Amendment privilege against compelled self-incrimination. But the court did not clearly err when it found that, in light of his similar post-plea conduct, Beattie was not honestly unable to recall the passcodes. United States v. Lange, 918 F.2d 707, 709 (8th Cir. 1990) (“There is no constitutional right to lie.”). Furthermore, Beattie’s failure to provide correct passcodes impeded the investigation into his possession of child pornography. The district court thus did not err in determining that Beattie’s December 2015 conduct obstructed justice and warranted an increase under the Guidelines.