Ruppert

MEMORANDUM **

Richard Raymond Ruppert appeals from his sentence following his guilty plea to one count of wire fraud in violation of 18 U.S.C. § 1343 , challenging the district court’s imposition of a two-level increase for obstruction of justice and the amount of restitution. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the increase for obstruction of justice and remand for a recalculation of the restitution amount.

The district court did not clearly err in finding that Ruppert obstructed justice under U.S.S.G. § 3C1.1. See United States v. Jimenez, 300 F.3d 1166, 1170 (9th Cir. 2002). Ruppert willfully provided materially false information to the judge and pretrial services about his car (which secured his bond), his unapproved travel, and his failure to attend the victims’ depositions. There is no requirement that actual obstruction have occurred when material false statements are made to pretrial services officers. See United States v. Magana-Guerrero, 80 F.3d 398, 400-01 (9th Cir.1996).

Further, it was not error to order restitution in the full amount of the victims’ financial loss, because Ruppert had yet to pay anything to the victims despite the…