Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:10-cr-00084-VMC-EAJ-1
Before MARCUS, MARTIN and FAY, Circuit Judges.
Joanne Gonzalez appeals her sentences for obstruction of justice, in violation of 18 U.S.C. § 1503, and five counts of making false statements, in violation of 18 U.S.C. § 1623. On appeal, Gonzalez argues that the district court erred by applying a cross-reference in the obstruction of justice guideline, U.S.S.G. § 2J1.2(c)(1), that called for her offense level to be determined using the accessory after the fact guideline, U.S.S.G. § 2X3.1. She also contends that the district court clearly erred in finding, for sentencing enhancement purposes, that she knew or reasonably should have known that the robbery offense that was the subject of her perjured grand jury testimony had involved the discharge of a firearm, physical restraint of victims, a substantial risk of bodily injury to law enforcement, and reckless endangerment during flight. For the reasons set forth below, we affirm.
The following facts are taken from the presentence investigation report ("PSI") and the evidence presented by the government at Gonzalez's trial. In the early morning hours of August 18, 2007, Frederick Wardell Mitchell, Leonardo Jackson, and Roberto Amaguer robbed a Tampa Waffle House restaurant at gunpoint. Two of the restaurant's employees were taken into a back room by Amaguer. The three robbers carjacked a Ford Bronco belonging to one of the robbery victims and fled north along the interstate with five police cruisers in hot pursuit.
After a brief high-speed chase, Jackson abruptly stopped the Bronco and he, Mitchell, and Amaguer climbed out of the vehicle. The officers chased the suspects on foot as they fled down an embankment and jumped over a chain-link fence. Suddenly, Mitchell turned and pointed a firearm at the officers, and one of the three suspects discharged a firearm. The police returned fire, hitting Amaguer in his leg and Mitchell in his lower back. Amaguer was apprehended at the scene but Mitchell and Jackson managed to escape. Later that morning, Mitchell was admitted to a hospital in Orlando with a gunshot wound.
Cellular telephone records showed a number of calls between Mitchell's cellular telephone and telephone number (813) 263-2117 in the hours following the robbery. Gonzalez was listed as the subscriber of that number. The records also showed that Gonzalez's telephone made a number of calls from Orlando on the morning of the robbery. The implication was that Gonzalez had driven Mitchell from Tampa to the hospital in Orlando.
On August 24, two detectives spoke with Gonzalez at her home. The detectives informed Gonzalez of the nature of their investigation. Gonzalez denied speaking to Mitchell on the day of the robbery, but she acknowledged that the telephone number (813) 263-2117 was hers. Gonzalez stated that Mitchell had been to her ...