IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30905
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DENAUD EGANA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CR-53-ALL-G
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February 11, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Denaud Egana was convicted for possessing and passing
counterfeit obligations has appealed the sentence imposed by the
district court. Egana contends that the district court erred in
increasing his offense level for obstruction of justice. The
district court’s determination that a defendant has obstructed
justice is reviewed for clear error. United States v. Bethley,
973 F.2d 396, 402 (5th Cir. 1992).
The district court is required to increase a defendant’s
*
This matter is being decided by a quorum. 28 U.S.C. § 46(d).
**
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 98-30905
-2-
offense level by two levels “if the defendant willfully
obstructed or impeded, or attempted to obstruct or impede, the
administration of justice during the investigation, prosecution,
or sentencing of the instant offense.” U.S.S.G. § 3C1.1.
Although some of Egana’s actions which form the basis for the
district court’s ruling arguably were contemporaneous with his
arrest, see § 3C1.1, comment. (n.3(d)), we hold that the district
court did not clearly err in concluding that Egana’s other
actions constituted obstruction of justice. See Bethley, 973
F.2d at 402. The judgment is
AFFIRMED.