United States v. Del Cid-Flores

*626 MEMORANDUM *

I. Del Cid-Flores

Francisco Javier Del Cid-Flores pled guilty to harboring illegal aliens and now appeals his sentence. Specifically, he challenges the district court’s imposition of an upward adjustment for obstruction of justice and the court’s denial of a request for an acceptance of responsibility adjustment. We affirm the district court.

The district court did not err when it imposed an upward adjustment for obstruction of justice 1 because Del Cid-Flores committed perjury under oath. 2 Del Cid-Flores admitted during his change of plea hearing that he agreed with the co-defendants to smuggle aliens illegally, yet denied entering into an agreement with the co-defendants while testifying at a co-defendant’s trial. Both statements of Del Cid-Flores were material and willful, and one of them was false, fulfilling the definition of perjury. 3 Because Del Cid-Flores committed perjury at one of the proceedings, he was subject to a two-level enhancement under U.S.S.G. § 3C1.1.

The district court also properly denied a downward adjustment for early acceptance of responsibility. A defendant who receives an enhancement for obstruction of justice under § 3C1.1 is…