Blake

MEMORANDUM ***

Blake does not challenge his armed robbery conviction on appeal, but does raise two issues dealing with his sentence. “This court reviews the district court’s interpretation of the Sentencing Guidelines de novo, the district court’s application of the Sentencing Guidelines to the facts of this case for abuse of discretion, and the district court’s factual findings for clear error.” United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005). We affirm.

U.S.S.G. § 3C1.1 provides for a two-level increase to the offense level for a defendant who “obstructs] or impede[s] ... the administration of justice” during the course of proceedings. Application Note 4(b) indicates that “suborning ... perjury” is conduct to which the enhancement applies.

Blake’s arguments not withstanding, the district court did not clearly err when it concluded that Prescott and Robertson perjured themselves as witnesses and that the perjury benefited Blake. See United States v. Cooper, 173 F.3d 1192, 1205 (9th Cir.1999). Nor was the district court required to submit the charge of perjury to the jury, because the enhancement did not take the sentence beyond the statutory maximum. See Stokes v.…