Kaniadakis

United States v. Kaniadakis

Good Law
19 F. App'x 643
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001Nos. 00-30153, 00-30206; D.C. No. CR99-00077-A-JKSCalifornia659 words

Opinion

Lead Opinion

MEMORANDUM *

Stephen Kaniadakis appeals his sentence following his convictions for mail fraud, 18 U. S.C. § 1341, and health care fraud, 18 U.S.C. § 1347 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(2) and affirm the sentence.

We review a district court’s interpretation of the Sentencing Guidelines de novo. Factual findings supporting the enhancement are reviewed for clear error. Application of the guidelines to the facts of the case are reviewed for an abuse of discretion. United States v. Daas, 198 F.3d 1167, 1181 (9th Cir.1999), cert. denied, 531 U.S. 999 , 121 S.Ct. 498 , 148 L.Ed.2d 468 (2000).

Because the parties are familiar with the facts, we will not recite them in this decision.

The defendant argues that the district court failed to identify the specific testimony that amounted to perjury to support the obstruction of justice enhancement under U.S.S.G. § 3C1.1 for perjury at trial. However, the district court is not required to designate any specific item of false testimony. United States v. Arias-Villanueva, 998 F.2d 1491, 1512 (9th Cir.1993). The district court made sufficient findings when it found that the defendant intentionally…

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