Quinonez

United States v. Quinonez

Good Law
166 F. App'x 284
United States Court of Appeals for the Ninth CircuitJanuary 20, 2006No. 03-30229California1,069 words

Opinion

Lead Opinion

MEMORANDUM *

Benjamin Quinonez appeals from the 480-month sentence imposed following his guilty plea to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (b)(1)(A) and 846; money laundering in violation of 18 U.S.C. § 1956 (a)(1)(B)(i); and forfeiture under 21 U.S.C. § 853 . He contends that the district court committed errors in determining his sentence, and that he suffered ineffective assistance of counsel for his attorney’s failure to object to the district court’s findings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and remand in part.

A. Sentencing Determinations

1. Enhancement for Obstruction of Justice

Quinonez contends that the district court erred in finding that he obstructed justice in his testimony regarding material issues, resulting in a two-level sentencing enhancement. Under U.S.S.G. § 3C1.1, a district court may impose an enhancement on a defendant who “willfully obstructed or impeded ... the administration of justice during the course of the investigation, prosecution, or sentencing of the instant offense of conviction.” Under Application Note 4, one example of conduct to which the…

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