United States v. Robert Sims

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert SIMS, Defendant-Appellant. No. 92-50696. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 27, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. MEMORANDUM ** Robert Sims appeals his 21-month sentence after a guilty plea to theft of government property in violation of 18 U.S.C. § 641 . Sims contends that the district court erred by increasing his base offense level for obstruction of justice pursuant to U.S.S.G. § 3C1.1. We have jurisdiction under 28 U.S.C. § 1291 and affirm. We review de novo whether a defendant's conduct constitutes an obstruction of justice within the meaning of section 3C1.1. United States v. Morales, 977 F.2d 1330, 1331 (9th Cir.1992), cert. denied, 113 S.Ct. 1399 (1993). 1 The Guidelines allow a two-level upward adjustment "[i]f the defendant willfully obstructed or impeded, or…