Court of Appeals for the Second Circuit September 27, 2006, Docket 04-5763-CR (United States v. Federico Giovanelli)

PER CURIAM.

This case requires us,

inter alia,

to resolve a question on which a panel of this Court has yet to speak, namely, whether

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United States Sentencing Guidelines (“U.S.S.G.”) § 2J1.2 should apply to a conviction for obstruction of justice under 18 U.S.C. § 1503 where the conviction is based, not on actual obstruction, but rather on an “endeavoring” theory. That is, should U.S.S.G.