United States v. Edward Sullivan

698 F. App'x 416

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 29, 2017
• Docket: 16-10509
• Status: Unpublished

Opinion

MEMORANDUM **

Edward Lee Sullivan appeals from the district court’s judgment and challenges the 324-month sentence imposed upon remand for resentencing following his bench-trial conviction for production of child pornography, in violation of 18 U.S.C. § 2251(a); and possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sullivan contends that the district court erred by applying an.obstruction of justice enhancement under U.S.S.G. § 3C1.1. We review the district court’s factual findings for clear error and its application of the Guidelines to the facts for abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir. 2017) (en banc). Contrary to Sullivan’s contention, the district court made sufficient factual findings to support the enhancement, including a finding that Sullivan willfully gave false testimony on a material matter at trial. See United States v. Jimenez-Ortega, 472 F.3d 1102, 1103 (9th Cir. 2007) (discussing the required elements, for an obstruction of justice enhancement); see also U.S.S.G. § 3C1.1 cmt. n.4(F) (enhancement is proper when defendant provides “materially false information to a judge”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.