United States v. Laura Trejo-Macias

U.S. Court of Appeals for the Ninth Circuit
United States v. Laura Trejo-Macias, 514 F. App'x 664 (9th Cir. 2013)

United States v. Laura Trejo-Macias

Opinion

MEMORANDUM **

Laura Elena Trejo-Macias appeals from the district court’s judgment and challenges the 151-month sentence imposed following her jury-trial conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*665 Trejo-Macias contends that the district court failed to make the requisite perjury-findings to support the imposition of a two-level obstruction of justice enhancement pursuant to U.S.S.G. § 3C1.1. Trejo-Maci-as never objected to the enhancement in the district court and, in fact, filed sentencing summary charts prior to and at the sentencing hearing that included the obstruction of justice enhancement. Therefore, the district court’s duty to make findings on materiality, falsity and willfulness was never triggered. See United States v. Dunnigan, 507 U.S. 87, 94-95, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993); United States v. Rojas-Millan, 234 F.3d 464, 471 (9th Cir. 2000).

AFFIRMED.

**

This disposition is not appropriate for publication and except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Laura Elena TREJO-MACIAS, A.K.A. Laura Trejo De Alatorre, A.K.A. Laura Trejo-Rodriguez, Defendant-Appellant
Status
Unpublished