United States v. Tarakeswar Chaudhary

MEMORANDUM

Tarakeswar Chaudhary appeals from the 70-month sentence imposed following his guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Chaudhary first contends that the district court erred in imposing an obstruction of justice enhancement under U.S.S.G. § 3C1.1. The record supports the court’s conclusion that Chaudhary’s movement of his computers and incriminating documents was purposefully calculated, and likely, to thwart the investigation of his crime. Therefore, the court did not abuse its discretion in imposing the enhancement. See U.S.S.G. § 3C1.1 cmt. n. 1; United States v. McNally, 159 F.3d 1215, 1217 (9th Cir.1998) (application of obstruction of justice enhancement is reviewed for abuse of discretion).

Chaudhary next contends that the district court erred in denying his request for a continuance to file supplemental briefing on the issue of the obstruction of justice enhancement. Given the timing of Chau-dhary’s request, as well as the fact that he had previously briefed the question at issue, the court did not abuse its discretion. See GCB Communications, Inc. v. U.S. South…