Butters

United States v. Butters

Good Law
44 F. App'x 192
United States Court of Appeals for the Ninth CircuitAugust 8, 2002No. 01-30276; D.C. No. CR-00-00134-JMFCalifornia816 words

Opinion

Lead Opinion

MEMORANDUM **

Edith Anne Butters appeals her sentence for three counts of making false statements under oath in a bankruptcy proceeding, in violation of 18 U.S.C. § 152 (2). On appeal, Butters argues that the district court committed clear error by: 1) applying a two-level upward adjustment on the ground that she had an aggravated role in the offense where the persons who helped her remove the collateral were not criminally responsible; and 2) applying a two-level obstruction of justice upward ad *193 justment where the misstatements that she made to the probation officer were not material. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s factual findings in a sentencing proceeding for clear error. See, e.g., United States v. Frega, 179 F.3d 793 , 811 & n. 22 (9th Cir.1999) (organizer or leader); United States v. Cooper, 173 F.3d 1192, 1204 (9th Cir.1999) (obstruction of justice). We will not disturb the finding of fact unless we have a definite and firm conviction that the district court made a mistake. See United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998) (en banc).

Aggravated Role Adjustment

The district court…

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