UNITEDSTATESOFAMER~A

DISTRICT OF NEW HAMPSHIRE 

UNITEDSTATESOFAMER~A ) 

)
 

v. ) 

) CRIMINAL NO. 07-CR-189-GZS 

DANIEL RILEY, ) 

) 

Defendant ) 

FINDINGS AFFECTING SENTENCE 

I FIND as follows: 

1. The facts as set forth in the Presentence Report, as amended by the 

Addendum. 

Count One - Conspiracy to Prevent Officers of the United States from Discharging 

Their Duties. 

2. United States Sentencing Commission Guideline (hereinafter "Guideline") 

2Xl.l for violation of 18 U.S.C. § 372 provides for a base offense level of 14. The 

offense involved threatening to cause physical injury to a person in order to obstruct the 

administration of justice; therefore, pursuant to 2J1.2(b)(l)(B) the base offense level is 

increased by 8 to 22. The offense resulted in substantial interference with the 

administration of justice; therefore, the base offense level is increased by 3 to 25. 

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Count Two A - Conspiracy to Commit Offenses Against the United States in 

Violation of 18 U.S.C. § 11l(a)(1). 

3. United States Sentencing Commission Guideline (hereinafter "Guideline") 

2A2.4 for violation of 18 U.S.c. §§ 371 and 111(a)(1) provides for a base offense level is 

10. 

4. The defendant willfully obstructed or impeded the administration of 

justice with respect to the investigation, prosecution or sentencing of the instant offense; 

therefore, pursuant to § 3C1.1, 2 levels are added for a total of 12. 

Pseudo Count Two 8 - Conspiracy to Commit Offenses Against the United States in 

Violation of 18 U.s.C. § 3. 

5. United States Sentencing Commission Guideline 2X3.1 for violation of 18 

U.S.C. § 3 provides that the base offense level is 6 levels lower than the offense level for 

the underlying offense and shall not be less than level 4 or more than level 30. The 

underlying crime is obstruction ofjustice; therefore, pursuant to 2J1.2, the base offense 

level is 14. The offense involved threatening to cause physical injury to a person in order 

to obstruct the administration ofjustice; therefore, pursuant to 2J 1.2(b)(l)(B) the base 

offense level is increased by 8 for a total of 22. The offense resulted in substantial 

interference with the administration ofjustice; therefore, the base offense level is 

increased by 3 for a total of 25. However, this figure is then reduced by 6 levels for a 

base offense level of 19. 

6. The defendant willfully obstructed or impeded the administration of 

justice with respect to the investigation, prosecution, or sentencing of the instant offense; 

therefore, pursuant to 3C1.1 2 levels are added for a total base offense level of 21. 

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Count Three - Accessory After The Fact 

7. United States Sentencing Commission Guideline 2X3.1 for violation of 18 

U.S.c. § 3 provides that the base offense level is 6 levels lower than the offense level for 

the underlying offense and shall not be less than level 4 or more than level 30. The 

substantive offense is obstruction ofjustice; therefore, pursuant to 2J1.2 the resulting 

base offense level is 14. The instant offense involved threatening to cause physical injury 

to a person in order to obstruct the administration of justice; therefore, pursuant to 

2J1.2(b)(l)(B), the base offense level is increased by 8 for a total of 22. The offense 

resulted in substantial interference with the administration of justice; therefore, pursuant 

to § 2J1.2(b)(2), 3 levels are added for a total of 25. However, this figure is then reduced 

by 6 levels for a base offense level of 19. 

8. The defendant willfully attempted to obstruct the administration ofjustice 

with respect to the investigation, prosecution, or sentencing of the instant offense; 

therefore, pursuant to § 3C1.1 2 levels are added for a total of 21. 

Count Six - Carrying, Using and Possessing a Firearm in Connection with a Crime 

of Violence 

9. The United States Sentencing Commission Guideline for a violation of 18 

U.S.C. § 924(c) is found in U.S.S.G. § 2K2.4(b) which states that the guideline sentence 

shall be the minimum term of imprisonment required by statute, which in this case is 

thiny years pursuant to 18 U.S.C. § 924(c)(l)(B)(ii). 

to. Pursuant to the Multi-Count Adjustment contained in § 3D1.4, the 

combined adjusted offense level is 27. 

11. Defendant's Criminal History Category is Category n. 

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12. For a Total Offense Level of 27 and a Criminal History Category of II, the 

applicable Guideline range is 78 to 97 months. 

13. The defendant is not eligible for probation. Guideline 5Bl(b)(l). 

14. Pursuant to U.S.S.G. § 5D1.2(a)(l), the term for supervised release is at 

least three years but not more than five years. 

15. Pursuant to U.S.S.G. § 5E1.2(c)(4), the fine range for the instant offense is 

from $12,500 to $125,000. 

16. A total special assessment fee of $400, $100 for each count of conviction, 

is mandatory, pursuant to 18 U.S.C. § 3013. 

SO ORDERED. 

~~e~ be 

George Z. Singa]p~ Chief United States District Judge 

-rL 

Dated this .:lE- day of October, 2008. 

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