Hayder

MEMORANDUM ***

Nazir Hayder appeals the sentence that was imposed after he pleaded guilty to visa fraud, in violation of 18 U.S.C. § 1546 (a), and naturalization fraud, in in violation of 18 U.S.C. § 1015 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 .

Hayder’s base offense level was increased by two levels for obstruction of justice pursuant to U.S.S.G. § 3C1.1. In order for the obstruction of justice enhancement to apply, Hayder’s conduct must have “actually resulted in a significant hindrance to the investigation or to his prosecution.” United States v. Sola *493 no-Godines, 120 F.3d 957, 963 (9th Cir.1997). The government argued, and the district court agreed, that Hayder had hindered the investigation and prosecution by insisting that a birth certificate that he had used in the name of Syed Naseer Raza was genuine. As a result of Hayder’s insistence that the birth certificate was genuine, the government contends that it had to initiate an investigation in Pakistan to determine whether the Raza birth certificate was, in fact, genuine.

But by the time the government initiated the investigation in Pakistan, defendant had already admitted that he…