Hagege

United States v. Hagege

Good Law
273 F. App'x 612
United States Court of Appeals for the Ninth CircuitApril 9, 2008No. 06-50301California475 words

Opinion

Lead Opinion

MEMORANDUM ***

Defendant Charly Sion Hagege appeals following his resentencing, asserting numerous errors by the district court. We affirm.

We review for clear error whether a defendant obstructed justice by willfully obstructing or impeding the investigation, prosecution, or sentencing of an offense under U.S.S.G. § 3C1.1. See United States v. Mondello, 927 F.2d 1463, 1465 (9th Cir.1991). Reversal for clear error requires “a definite and firm conviction” that the district' court made a mistake. United States v. Asagba, 77 F.3d 324, 326 (9th Cir.1996).

The highly suspicious circumstances surrounding Hagege’s bond application, combined with the fact that the affidavits Hagege submitted provided him only partial absolution, prevent a definite and firm conviction that the district court erred in finding that Hagege obstructed justice under § 3C1.1.

Hagege argues that regardless of the contents of his bond application, he did not “knowingly produce[ ] fraudulent documents to the Court in order to secure his bond application.” (emphasis added). His argument cuts too fine. The presentence report and the district court used imprecise language, but both clearly articulated that under…

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