United States v. Victor Olmedo-Collazo

MEMORANDUM

Defendant Victor Olmedo-Collazo (“Defendant”) appeals the sentence imposed in his criminal case. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Defendant argues that the district court erred in imposing an obstruction of justice enhancement to his sentence for misrepresenting to the district court the true identity of his father. Defense counsel identified Defendant’s grandfather, who is listed as Defendant’s father on Defendant’s official Mexican birth certificate, as Defendant’s father. Because Defendant’s grandfather is a United States citizen, such misrepresentation could affect Defendant’s potential citizenship and, in turn, his charge for illegal reentry after deportation.

Defendant claims he did not obstruct justice because the misrepresentation was made solely by his counsel. Defendant relies on United States v. Eirven, 987 F.2d 634 (9th Cir.1993), where the court reversed an obstruction of justice enhancement when the defense incorrectly asserted that the prior crimes used in calculating the defendant’s criminal history were committed by another person using the defendant’s identity. On appeal, the defendant claimed his drug addiction had left him…