United States v. Miller

Good Law
6 F. App'x 613
United States Court of Appeals for the Ninth CircuitMarch 13, 2001No. 99-30355; D.C. No. CR-97-00051-CCalifornia268 words

Opinion

Lead Opinion

*614 MEMORANDUM

Charles Miller appeals the 121-month sentence imposed following his jury conviction for various bank and mail fraud offenses. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Miller contends that the district court erred when it applied a two-level enhancement under U.S.S.G. § 3C1.1 for obstruction of justice because the district court’s findings were insufficient. We review for clear error the district court’s factual findings that the defendant obstructed justice. 3 We review de novo whether the district court’s factual determinations were sufficient to support an enhancement under U.S.S.G. § 3C1.1.

The district court made the following findings at sentencing:

These findings were sufficient to support the application of an enhancement for obstruction of justice. 5 Accordingly, the district court did not err by applying the enhancement.

AFFIRMED.

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. See United States v. Ancheta, 38 F.3d 1114, 1117-18 (9th Cir.1994).

. See United States v. Ford, 989 F.2d 347, 351 (9th…

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