United States v. Thomas Raymond Magee, III

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Raymond MAGEE, III, Defendant-Appellant. No. 93-10052. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1993. * Decided April 21, 1994. Before: WALLACE, GARTH, ** and WIGGINS, Circuit Judges. MEMORANDUM *** Appellant Raymond Magee ("Appellant" or "Magee") appeals his sentence for assaulting his wife, Michelle Magee ("Michelle"). We have jurisdiction under 18 U.S.C. Sec. 3742 (a), and affirm the sentence imposed by the district court. I. Obstruction of Justice Appellant first argues that the district court improperly enhanced his offense level for obstruction of justice pursuant to U.S.S.G. Sec. 3C1.1. The question of whether the defendant's conduct constitutes obstruction of justice under the Guidelines is reviewed de novo. U.S. v. Morales, 977 F.2d 1330, 1330-31 (9th Cir.1992), cert. denied, 113 S.Ct. 1339 (1993). 1 Appellant delivered a…