Martinez-Ruiz

MEMORANDUM **

Francisco Jose Martinez-Ruiz appeals the 70-month sentence imposed following his jury trial conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Martinez-Ruiz contends that the district court erred in several respects at sentencing by applying a two-level upward adjustment to his base offense level for obstruction of justice under U.S.S.G. § 3C1.1. Because he raises these contentions for the first time on appeal, we review for plain error. See United States v. Antonakeas, 255 F.3d 714, 727 (9th Cir. 2001).

Martinez-Ruiz firsts contends that he did not have notice of the district court’s intent to apply the enhancement. However, even if there was error, we conclude that Martinez-Ruiz’s sentence should not be reversed because he has failed to demonstrate that any lack of notice affected his substantial rights. See Antonakeas at 728 (stating that sentencing error is not “plain” where it has no affect on the actual sentence); United States v. Dunnigan, 507 U.S. 87, 98 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) (concluding that enhancement is mandatory upon a…