Refusing to Testify Against Co-defendant Warrants Obstruction Enhancement

US v. Mollner, No. 09-4158, 2011 WL 1663596 (10th Cir. May 4, 2011) (published): Court affirms imposition of 2-level obstruction of justice enhancement on defendant convicted of bank robbery. Defendant pled guilty to bank robbery. Before his sentencing, the government filed a motion to compel the defendant's testimony at his co-defendant's trial and to grant him immunity for his testimony. Mr. Mollner stood firm and refused to testify. At sentencing, the trial enhanced his sentence for that refusal. The Court held that the present version of USSG 3C1.1 applies not only to the defendant's obstructive conduct regarding his own conviction but also to obstructive conduct involving closely related cases, such as codefendants' cases.