Gutierrez

United States v. Gutierrez

Good Law
53 F. App'x 415
United States Court of Appeals for the Ninth CircuitDecember 9, 2002Nos. 01-10688, 01-10730; D.C. No. CR-00-05441-AWICalifornia439 words

Opinion

Lead Opinion

MEMORANDUM **

Fausto Jaime Gutierrez and Augustin Antonio Gonzalez Meza appeal their 188-month sentences imposed after a jury convicted them of possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

*416 Gutierrez and Meza contend that the district court erred by enhancing their respective offense levels two points for obstruction of justice under U.S.S.G. § 3C1.1. Both argue that the evidence was insufficient to sustain the district court’s findings that they committed perjury when they testified at trial.

Because Gutierrez and Meza objected to the sentence enhancement, the district court was required to review the evidence and make independent findings that each defendant’s testimony was (1) false, (2) material, and (3) willful. See United, States v. Dunnigan, 507 U.S. 87, 94-95 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993). The district court made the required independent factual findings and they are supported by a preponderance of the evidence. 1 Thus, the district court did not clearly err by determining that Gutierrez and Meza obstructed justice. See…

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