Jimenez-Ortega

Facts

Defendant was apprehended near an Imperial County recre- ation area after abandoning a Jeep Cherokee packed full of marijuana. He was charged with importing narcotics and pos- sessing narcotics with intent to distribute. Defendant testified at trial and a jury convicted him on both counts.

At sentencing the judge characterized defendant’s trial tes- timony as “so incredible, in light of all of the evidence, that it was clear to the court that you intended to obstruct or impede justice with your version of the facts. Your testimony was not the result of any confusion, mistake or faulty mem- ory, but an attempt to willfully obstruct justice.” The court imposed an upward adjustment, pursuant to U.S.S.G. § 3C1.1, increasing defendant’s guidelines range from 70-87 months to 87-108 months.

On appeal, defendant questions the adequacy of the district 124 UNITED STATES v. JIMENEZ-ORTEGA judge’s finding that he had obstructed justice by giving false testimony at trial.

Analysis

[1] Before it may adjust defendant’s sentence for obstruc- tion of justice, the district court must find that: 1) defendant gave false testimony; 2) the testimony was on a material mat- ter;…