FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
December 9, 2008
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 08-3098
(D.C. No. 5:06-CR-40084-JAR-2)
MARVIN A. CORDOVA-LIMA, (D. Kan.)
Defendant-Appellant.
ORDER AND JUDGMENT *
Before O’BRIEN, McKAY, and GORSUCH, Circuit Judges.
Defendant was convicted by a jury on four drug counts and sentenced to a
135-month term of imprisonment. He argues on appeal that the district court
committed procedural error in calculating his sentence by adding a one-level
enhancement for the obstruction of justice rather than either applying the two-
level enhancement provided by the Sentencing Guidelines or concluding that the
enhancement did not apply.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
After examining the briefs and the appellate record, this panel has
determined unanimously to grant counsel’s request for a decision on the briefs
without oral argument. See Fed. R. App. P. 34(f).
After reviewing the transcript of the sentencing hearing and the statement
of reasons provided by the district court, we are persuaded that the court did not
improperly apply a one-level enhancement for obstruction. Rather, we conclude
that the court correctly calculated the applicable Sentencing Guidelines range
based on the two-level obstruction enhancement provided by USSG § 3C1.1, then
permissibly varied below this advisory range based on the 18 U.S.C. § 3553(a)(1)
factors. We thus conclude that the district court did not commit procedural error
in sentencing Defendant, and we accordingly AFFIRM Defendant’s conviction
and sentence.
Entered for the Court
Monroe G. McKay
Circuit Judge
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