Leivan

MEMORANDUM **

Charles Franklin Leivan appeals his seventy-eight month sentence imposed following the entry of a guilty plea to two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g) and 924(a)(2), and two counts of manufacturing a controlled substance and aiding and abetting, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Leivan’s contention that the district court improperly enhanced his sentence for obstruction of justice is without merit. We review de novo whether a defendant’s conduct constitutes obstruction of justice under U.S.S.G. § 3C1.1. United States v. Draper, 996 F.2d 982, 984 (9th Cir.1993). We review the underlying factual findings for clear error. Id. Because Leivan willfully failed to appear at a judicial proceeding as ordered, the district court properly enhanced his offense level by two levels for obstruction of justice. See U.S.S.G. § 3C1.1, cmt. n. 4(e); Draper, 996 F.2d at 984-86 (explaining that an obstruction of justice enhancement does not require actual obstruction and may properly be based on the mere postponing of a hearing due to…