Martinez-Carrero

United States v. Martinez-Carrero

Good Law
7 F. App'x 654
United States Court of Appeals for the Ninth CircuitMarch 26, 2001No. 00-10350; D.C. No. CR-99-00751-JMRCalifornia357 words

Opinion

Lead Opinion

MEMORANDUM

Ismael Martinez-Carrero appeals the 151-month sentence imposed following his *655 jury conviction for one count of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez-Carrero contends that the district court erred by enhancing his sentence two levels for obstruction of justice under U.S.S.G. § 3C1.1 because no evidence was presented that he attempted to threaten or intimidate his co-defendant. A district court’s factual determinations regarding an enhancement for obstruction of justice are reviewed for clear error and its characterization of defendant’s conduct as obstruction under U.S.S.G. § 3C1.1 is reviewed de novo. See United States v. Shetty, 130 F.3d 1324, 1333 (9th Cir.1997).

We reject Martinez-Carrero’s argument that threats or intimidation are necessary in order for the enhancement for obstruction to apply. The enhancement is appropriate when there is evidence of “threatening, intimidating, or otherwise unlawfully influencing a co-defendant, witness, or juror, directly or indirectly, or attempting to do so.” U.S.S.G. § 3C1.1, comment.…

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