FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. John A. Woodcock, Jr., U.S. District Judge]
Alexandra H. Deal for appellant.
Renée M. Bunker, Assistant United States Attorney,
with whom Thomas E. Delahanty II, United States Attorney, was
on brief, for appellee.
Howard, Chief Judge, Selya and Kayatta, Circuit Judges.
KAYATTA, Circuit Judge
defendant, James Stile, pled guilty to robbery of a
controlled substance from a pharmacy by use of a dangerous
weapon, in violation of 18 U.S.C. § 2118(a) and (c)(1).
The district court sentenced him to 120 months in prison. He
now appeals that sentence on both substantive and procedural
grounds. For the following reasons, we affirm.
summarize the facts briefly, drawing on the presentence
report (PSR) and the transcript of the sentencing hearing.
See United States v. Jiminez, 498 F.3d 82, 84 (1st
Cir. 2007). We reserve further discussion of the facts for
where they become relevant to each issue raised by
early evening of September 12, 2011, Stile entered the E.W.
Moore & Son Pharmacy in Bingham, Maine. He wore a
baseball cap, sunglasses, a dust mask, and purple rubber
gloves. As he entered the store, he pulled a sawed-off
shotgun from his pants. He walked to the pharmacy counter at
the back of the store and ordered three employees to lie on
their stomachs. When a customer walked in, Stile forced him
behind the pharmacy counter with the employees. Stile handed
the owner of the pharmacy a black duffel bag and ordered him
to fill it with drugs. Stile tied the hands and feet of the
owner, the customer, and the employees with zip ties. He then
departed the store, taking $12, 890 worth of drugs and $417
initially pleading not guilty and going through several
preliminary proceedings including a suppression hearing,
Stile pled guilty to robbery of a controlled substance from a
pharmacy by use of a dangerous weapon, in violation of 18
U.S.C. § 2118(a) and (c)(1). After conducting a
sentencing hearing, the district court calculated Stile's
advisory sentencing range under the United States Sentencing
Guidelines, U.S.S.G. §§ 2B3.1 and
3C1.1, to be 108 to 135 months'
imprisonment based on a total offense level of 31 and a
criminal history category of I. The district court sentenced
Stile to 120 months of imprisonment.
sentencing, the district court did three things that Stile
now claims were procedural error. First, the district court
applied a two-level enhancement to what would have otherwise
been a total offense level of 29. The basis for the
enhancement was a finding of obstruction of justice under
U.S.S.G. § 3C1.1. Second, the district court denied
Stile's requested two-level reduction for acceptance of
responsibility under U.S.S.G. § 3E1.1(a). Third, the
district court did not give the evidence of Stile's drug
addiction the weight and effect that Stile claims it
warrants. We discuss in turn each of these asserted errors,
plus Stile's catch-all argument that his sentence was
Obstruction of Justice
district court may apply a two-level enhancement to a
defendant's offense level
[i]f (1) the defendant willfully obstructed or impeded, or
attempted to obstruct or impede, the administration of
justice with respect to the investigation, prosecution, or
sentencing of the instant offense of conviction, and (2) the
obstructive conduct related to . . . ...