What is the current state of the law in the context of Section 3C1.1 of the Criminal Code and what is the appropriate two-level departure under the law?

In sum, if the nature of a defendant's obstruction departs sufficiently from 3C1.1's heartland--because the defendant engaged in multiple instances of obstruction or because his obstruction is distinguished by its triviality or seriousness--so that the defendant's conduct is fairly seen as obstruction " 'of a kind or to a degree' not adequately taken into account" by 3C1.1, a departure from the normal two-level enhancement may be appropriate. See United States v. Ismoila, 100 F.3d 380, 397-98 (5th Cir.1996)(affirming sentence that included a two-level enhancement under 3C1.1 and a two-level departure, where defendant harbored a fugitive co-conspirator during defendant's trial

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