Lizama

United States v. Lizama

Good Law
280 F. App'x 639
United States Court of Appeals for the Ninth CircuitMay 28, 2008No. 06-50616California361 words

Opinion

Lead Opinion

MEMORANDUM **

Frank Lebito Lizama appeals from the 90-month sentence imposed following his jury-trial conviction for bank fraud, in violation of 18 U.S.C. § 1344 (1), aggravated identity theft, in violation of 18 U.S.C. § 1028 (a)(1), use of an unauthorized access *641 device causing an act to be done, in violation of 18 U.S.C. § 1029 (a)(2) and 18 U.S.C. § 2 , and possession of 15 or more unauthorized access devices, in violation of 18 U.S.C. § 1028 (a)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court increased Liza-ma’s offense level pursuant to an obstruction of justice adjustment, in part, because it found that Lizama committed perjury while testifying at trial. See U.S.S.G. § 3C1.1. Lizama contends that the district court erred when making its finding because it failed to address whether his perjured statements were material. Although it appears that the district court erred by not making a materiality finding, see United States v. Jimenez-Ortega, 472 F.3d 1102, 1103-04 (9th Cir.2007), we conclude the error was harmless in light of the fact that the district court’s materiality finding was implicit and overwhelmingly supported by the…

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