Munoz

United States v. Munoz

Good Law
101 F. App'x 216
United States Court of Appeals for the Ninth CircuitJune 14, 2004No. 02-50637California526 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Michelle Munoz appeals the sentence imposed following her guilty plea to a violation of 18 U.S.C. §§ 1029 (a)(2) and 2(a).

1. The district court did not clearly err in imposing a two-level enhancement for obstruction of justice under U.S.S.G. § 3C1.1. See United States v. Jimenez, 300 F.3d 1166, 1170 (9th Cir.2002) (stating standard of review). The court made the requisite findings that Defendant willfully made a false statement that was material to the investigation or prosecution of the offense. Id. at 1170 . Specifically, it found that, in a sworn affidavit submitted in connection with a motion to suppress, she committed perjury pertaining to alleged threats made to her by an investigating officer. See United States v. Tidwell, 191 F.3d 976, 982 (9th Cir.1999) (upholding enhancement for obstruction of justice where the defendant submitted a misleading affidavit); United States v. Sherwood, 98 F.3d 402, 415 (9th Cir.1996) (upholding enhancement for obstruction of justice where perjury occurred in connection with a suppression hearing).

2. The district court did not clearly err in denying a requested three-level downward adjustment under U.S.S.G. §…

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