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U.S. v. JIMENEZ-ORTEGA

No. 06-50007.

472 F.3d 1102 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose JIMENEZ-ORTEGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2007.

Attorney(s) appearing for the Case

Kasha K. Pollreisz, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney for the Southern District of California, Roger W. Haines, Jr., Assistant United States Attorney, Bruce C. Smith, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: REINHARDT, KOZINSKI and IKUTA, Circuit Judges.

PER CURIAM:

We address whether a district judge must make a finding of materiality before he can enhance a defendant's sentence for obstruction of justice based on perjury under U.S.S.G. § 3C1.1.

Facts

Defendant was apprehended near an Imperial County recreation area after abandoning a Jeep Cherokee packed full of marijuana. He was charged with importing narcotics and possessing narcotics with intent...

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