Chapman
United States v. Chapman
Opinion
Lead Opinion
MEMORANDUM **
Troy K. Chapman pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He appeals the district court’s two-level increase in his offense level at sentencing for obstruction of justice and its finding that he had not accepted responsibility. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
We review for clear error the factual finding that Chapman willfully obstructed justice. See United States v. Shannon, 137 F.3d 1112, 1119 (9th Cir.1998). Chapman absconded from pretrial supervision sometime in May 2002 and sold his home in Nevada. He called Pretrial Services on May 30, leaving the message that he was doing something back east and was visiting his father and that the officer should “do what you have to do.” His rescheduled sentencing date of July 1, 2002 came and went. On July 6, 2002, he was arrested as he was leaving a bar in Greenville, South Carolina.
At Chapman’s sentencing on September 3, the court stated:
This factual finding is not clearly erroneous. See United States v. Petersen, 98 F.3d 502, 508 (9th Cir.1996) (willful obstruction when defendant absconded after conviction while out on bail,…