United States v. Charles William Gentry

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles William GENTRY, Defendant-Appellant. No. 93-30369. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. Decided May 19, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Charles William Gentry appeals his 121-month sentence following entry of a guilty plea to engaging in a sexual act with a person incapable of appraising the nature of the conduct, in violation 18 U.S.C. Sec. 2242 (2)(A). Gentry contends that the district court erred when it found that he obstructed the administration of justice. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo whether a defendant's conduct constitutes the obstruction of justice. United States v. Draper, 996 F.2d 982, 984 (9th Cir.1993). 4 The Sentencing Guidelines provide for a two-level upward adjustment in the offense level if the defendant…