Becker

United States v. Becker

Good Law
218 F. App'x 587
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-50116California300 words

Opinion

Lead Opinion

MEMORANDUM **

Charles Joseph Avestro Becker appeals from the 60-month sentence imposed following his convictions for fraud and misuse of visas, in violation of 18 U.S.C. § 1546 (a), 2(a), and inducing illegal aliens to enter the United States, in violation of 8 U.S.C. § 1324 (a)(1)(A)(iv). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Becker contends that the district court relied upon false and unreliable information in imposing a two-level increase for obstruction of justice under U.S.S.G. § 3C1.1. We disagree. The record shows that the district court relied upon its prior findings that Becker committed perjury as the basis for applying the enhancement, and the district court’s findings encompassed each of the elements of perjury, as required by United States v. Dunnigan, 507 U.S. 87, 95 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993). We conclude that the district court did not clearly err in finding the facts necessary to apply the obstruc *588 tion of justice enhancement. See United States v. Cordova Barajas, 360 F.3d 1037, 1043-44 (9th Cir.2004).

Becker’s contention that the application of the remedial portion of the decision in United States v. Booker, 543…

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