United States v. Giovanelli, Docket No. 04-5763-cr (2d Cir. Sept. 27, 2006)
Giovanelli appealed his sentence, arguing that the district court incorrectly calculated his advisory Guidelines range because he only endeavored to obstruct justice but was not proven to have actually obstructed justice. Specifically, the district court applied Section 2J1.2 which, in turn, cross-references Section 2X3.1, the accessory-after-the-fact Guideline. The Second Circuit held that when a defendant is found to have "endeavored" to obstruct justice under 18 U.S.C. § 1503, Section 2J1.2(c) of the Guidelines governs. In doing so, the Second Circuit joined the First, Fourth, Sixth and Eleventh Circuits in finding that it is not necessary for a defendant to succeed in obstructing justice to qualify for a Section 2J1.2(c) enhancement. Rather, it is sufficient for the defendant to merely endeavor to do so.