United States v. Joseph B. Montoya

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph B. MONTOYA, Defendant-Appellant. No. 93-10614. United States Court of Appeals, Ninth Circuit. Submitted Jan. 13, 1995. * Decided Feb. 2, 1995. Before: ALDISERT, ** CHOY and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 Joseph B. Montoya appeals his 72-month sentence imposed after remand. He contends that the district court erred when, pursuant to U.S.S.G. Sec. 3C1.1, it increased his offense level by two points for obstruction of justice. 3 The district court found that Montoya obstructed justice by two different means. First, he deliberately attempted to keep evidence from discovery and then he intentionally testified falsely at trial. The district court's judgment should be affirmed summarily if either ground is supported. See United States v. Hernandez-Valenzuela, 932 F.2d 803, 805 (9th Cir.1991) (reversal not required where obstruction of justice is…