Taddy

*963 MEMORANDUM **

Daniel Norzagaray Taddey (“Taddey”) appeals his sentence for conspiracy to possess with intent to distribute less than fifty kilograms of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (d)(1)(D) and 846, and possession with intent to distribute less than fifty kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1), (d)(1)(D). On appeal, Taddey argues that the district court erred in: 1) imposing a two-level obstruction of justice adjustment; and 2) refusing to grant a downward sentencing departure for his imperfect affirmative defense of governmental authority. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Obstruction of Justice

The district court imposed the obstruction of justice adjustment because Taddey failed to return on time after an authorized leave from his residential treatment center. Cf. U.S.S.G. § 3C1.1, application note 4(e) (stating that “escaping or attempting to escape from custody before trial or sentencing” is an example of the type of conduct to which the adjustment applies). We review a district court’s finding that a defendant’s conduct constitutes obstruction of justice de novo. United States v.…