Silvino

MEMORANDUM **

Emmanuel Silvino appeals the conviction and 51-month sentence imposed following his guilty-plea to health care fraud under 18 U.S.C. § 1347 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

Silvino contends the district court erred by enhancing his sentencing range two levels for obstruction of justice pursuant to U.S.S.G. § 3C1.1 and for not exercising its discretion to depart downward based on Silvino’s family and community ties.

Prior to sentencing, Silvino sent a letter to the probation officer denying any guilt and inculpating his wife and deceased sister-in-law. Based on this letter and the court’s determination that Silvino “eon- *755 sciously lie[d] to diminish his responsibility,” the district court applied a two-level enhancement for obstruction of justice. Reviewing de novo, we do not find the application of the enhancement clearly erroneous. See United States v. Tidwell, 191 F.3d 976, 982 (9th Cir.1999).

Finally, Silvino contends the district court erroneously determined that it lacked authority to depart downward based on Silvino’s family and community ties. We have jurisdiction to review the district…