United States v. Robert Christman, 894 F.2d 339 (9th Cir. 1990). · Go Syfert
United States v. Robert Christman, 894 F.2d 339 (9th Cir. 1990). Cases Citing This Book View Copy Cite
70 citation events (7 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Allen (ca9, 2003-08-26)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Allen
9th Cir. · 2003 · confidence medium
The court rejected this argument and concluded that “[t]he court’s finding of perjury a fortiori includes a finding of mens rea, so the defendant cannot plausibly argue that the record is devoid of any findings of mens rea here.” Id.; see also United States v. Dunnigan, 507 U.S. 87, 98 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) (“Upon a proper determination that the accused has committed perjury at trial, an enhancement of sentence[for obstruction of justice] is required by the Sentencing Guidelines.”); United States v. Luca, 183 F.3d 1018, 1023 (9th Cir.1999) (“The enhancement [und…
discussed Cited as authority (rule) United States v. Sean Allen, United States of America v. Eric Adam Dixon, United States of America v. Jeremiah Skidmore, United States of America v. Jason Guy Potter, United States of America v. Ryan Flaherty, United States of America v. Michael Flom
9th Cir. · 2003 · confidence medium
The court rejected this argument and concluded that "[t]he court's finding of perjury a fortiori includes a finding of mens rea, so the defendant cannot plausibly argue that the record is devoid of any findings of mens rea here." Id.; see also United States v. Dunnigan, 507 U.S. 87, 98 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) ("Upon a proper determination that the accused has committed perjury at trial, an enhancement of sentence[for obstruction of justice] is required by the Sentencing Guidelines."); United States v. Luca, 183 F.3d 1018, 1023 (9th Cir.1999) ("The enhancement [under § 3C1.1]…
discussed Cited as authority (rule) United States v. Juan Ramirez-Lopez (2×)
9th Cir. · 2003 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
cited Cited as authority (rule) United States v. Li Xiang Feng
9th Cir. · 2002 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
cited Cited as authority (rule) United States v. Vincent Lee Olson, Cross-Appellee
9th Cir. · 1996 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). 15 The Government offers only conjecture to link the defendant to the alleged perjured testimony.
discussed Cited as authority (rule) United States v. Randall Wynn, United States of America v. Abel Oliveras-Perez, United States of America v. Adrian Plasencia-Garcia
9th Cir. · 1995 · confidence medium
See United States v. Madera-Gallegos, 945 F.2d 264, 269 (9th Cir. 1991) (wife and partner of heroin dealer was a minor, but not minimal, participant where she retrieved a drug sample, and gave it to her husband, who gave it to the undercover agent); United States v. Christman, 894 F.2d 339, 341 (defendant who negotiated the amount and price for a drug transaction but did not profit from it was a minor, but not minimal, participant). 100 The district court's findings are supported by the record and are not clearly erroneous.
cited Cited as authority (rule) United States v. William D. Davis, United States of America v. Curry James Williams
9th Cir. · 1994 · confidence medium
See United States v. Hoac, 990 F.2d 1099, 1106 (9th Cir.1993); United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Richard Glen Mathews (2×)
9th Cir. · 1994 · confidence medium
United States v. Notrangelo, 909 F.2d 363, 364 (9th Cir.1990); United States v. Carvajal, 905 F.2d 1292, 1295 (9th Cir.1990); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). 17 In this case the question is whether Mathews had the intent required for first degree murder, so as to be liable to sentencing under the guideline for attempted murder, U.S.S.G.
cited Cited as authority (rule) United States v. Richard Marion Dota, AKA Dickie Stevens
9th Cir. · 1994 · confidence medium
United States v. Notrangelo, 909 F.2d 363, 364 (9th Cir.1990); United States v. Carvajal, 905 F.2d 1292, 1295 (9th Cir.1990); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). a.
discussed Cited as authority (rule) United States v. William D. Davis, United States of America v. Curry James Williams (2×)
9th Cir. · 1994 · confidence medium
See United States v. Hoac, 990 F.2d 1099, 1106 (9th Cir.1993); United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Ralph Hatley
9th Cir. · 1993 · confidence medium
Moreover, in Rexford , the court held: A district court’s finding that a defendant does not qualify for minimal or minor participant status is ... heavily dependant .on the facts of the particular case, and should be upheld unless clearly erroneous.’ Rexford, 903 F.2d at 1282 (quoting United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990) (internal quotations omitted)).
discussed Cited as authority (rule) United States v. Ruben Taren-Palma, United States of America v. Ismael Calderon-Perez (2×)
9th Cir. · 1993 · confidence medium
United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
cited Cited as authority (rule) United States v. Pauline Douglas
9th Cir. · 1993 · confidence medium
United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
cited Cited as authority (rule) United States v. Lawrence E. Austin
9th Cir. · 1993 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). 2 On May 15, 1992, Judge Marsh denied several pretrial motions filed by Austin in this case.
cited Cited as authority (rule) United States v. Michael H. Miroyan, Michael Miroyan v. United States
9th Cir. · 1993 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
discussed Cited as authority (rule) United States v. James Kenneth Gardner
9th Cir. · 1993 · confidence medium
Obstruction of Justice “Whether a defendant obstructed justice under the Guidelines is a factual determination we review for clear error.” United States v. Jackson, 974 F.2d 104, 105 (9th Cir.1992); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
cited Cited as authority (rule) United States v. Roberto Galvan
9th Cir. · 1992 · confidence medium
"The downward adjustment under section 3B1.2 is to be used infrequently." United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990). 5 The relevant facts are undisputed.
discussed Cited as authority (rule) United States v. Emmanuel Moreno Dela
9th Cir. · 1992 · confidence medium
A material statement is one that, "if believed, would tend to influence or affect the issue under determination." U.S.S.G. § 3C1.1, comment (n. 5); see, e.g., United States v. Atkinson, 966 F.2d 1270, 1277 (9th Cir.1992) (defendant instructed codefendants to lie to federal agents); United States v. Rodriguez-Macias, 914 F.2d 1204, 1205 (9th Cir.1990) (defendant gave a false name to arresting officer); United States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.1990) ("what [defendant] said on the witness stand was pure fantasy, fantasy"); United States v. Baker, 894 F.2d 1083, 1084 (9th Cir.1990) …
cited Cited as authority (rule) United States v. Sohrab Sameni, AKA Sam Sameni
9th Cir. · 1992 · confidence medium
United States v. Torres-Rodriguez, 930 F.2d 1375, 1389 (9th Cir.1991); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Richard L. Meek
9th Cir. · 1992 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). 13 Meek maintains that although he violated the conditions of his release by not reporting to Pretrial Services, he did not actually obstruct or impede the administration of justice because he only stopped reporting after his presentence interview and did not miss any court appearances.
discussed Cited as authority (rule) United States v. Joseph Ladmirault
9th Cir. · 1992 · confidence medium
"The downward adjustment under section 3B1.2 is to be used infrequently." United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990). 12 Here, the district court adopted the presentence report, which specifically found that during the first two bank robberies: (1) Ladmirault and his co-defendant entered into the banks; (2) Ladmirault handed notes to the tellers indicating that this was a bank robbery; and (3) Ladmirault stated, "give me all the money." Ladmirault committed the other two banks robberies by himself. 13 Ladmirault's actions in the first two bank robberies "amply demonstrate[ ] …
discussed Cited as authority (rule) United States v. Miguel Hernandez-Hernandez
9th Cir. · 1992 · confidence medium
"The downward adjustment under § 3B1.2 is to be used infrequently." United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990). 5 The district court determined Hernandez had failed to prove by a preponderance of the evidence, see United States v. Howard, 894 F.2d 1085 , 1090 & n. 4 (9th Cir.1990), that he was a minor participant.
discussed Cited as authority (rule) United States v. Baltazar Cortez-Martinez
9th Cir. · 1992 · confidence medium
A determination that the defendant obstructed justice is a factual finding, United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990), as is a determination that the defendant has not accepted responsibility, United States v. Sanchez, 908 F.2d 1443, 1450 (9th Cir.1990).
cited Cited as authority (rule) United States v. Anthony George Montero
9th Cir. · 1992 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
cited Cited as authority (rule) United States v. Antonio Chavez-Aguilar
9th Cir. · 1991 · confidence medium
United States v. Lofton, 905 F.2d 1315, 1317 (9th Cir.), cert. denied, 111 S.Ct. 365 (1990); United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990); U.S.S.G. § 3C1.1, comment. (n. 1(e)).
discussed Cited as authority (rule) United States v. Timothy Lee Veilleux
1st Cir. · 1991 · confidence medium
See also United States v. Akitoye, 923 F.2d at 229 . (“[BJecause findings of [obstruction of justice] are fact-oriented, we will review them under the clearly erroneous standard, mindful that such findings do not require directly contradictory testimony but may spring from a solid foundation of circumstantial evidence.”) (citations omitted); United States v. Wheelwright, 918 F.2d 226, 228 (1st Cir.1990) (citing United States v. Brown, 900 F.2d 1098, 1103 (7th Cir.1990)); and, United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
cited Cited as authority (rule) United States v. Quintana-Rascon v. Gonzales
9th Cir. · 1991 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990). 26 We conclude Gonzales has not established the application of section 3C1.1 constituted clear error.
cited Cited as authority (rule) United States v. Richard Keats
2d Cir. · 1991 · confidence medium
United States v. Christman, 894 F.2d 339, 341-42 (9 Cir.1990).
cited Cited as authority (rule) United States v. Ricky Lee Andrus
9th Cir. · 1991 · confidence medium
United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990); United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Lopez-Medina
9th Cir. · 1991 · confidence medium
Compare United States v. Rigby, 896 F.2d 392, 395 (9th Cir.1990); United States v. Zweber, 913 F.2d 705, 710 (9th Cir.1990) (admitted couriers denied role reductions) with United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990) (participation held minor but not minimal).
discussed Cited as authority (rule) United States v. Tolson
N.D. Ind. · 1991 · confidence medium
That reduction is intended to be used infrequently, United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990), for those whose role in a very large drug conspiracy is peripheral to a single transaction, U.S.S.G. § 3B1.2, application note 2.
discussed Cited as authority (rule) United States v. Nicolas Herrera-Figueroa (2×)
9th Cir. · 1991 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Arthur Howard Hill, AKA Sonny Hill
9th Cir. · 1990 · confidence medium
Cf. United States v. Gonzalez, 897 F.2d 1018, 1019 (9th Cir.1990) (downward departure for acceptance of responsibility under section 3E1.1 reviewed only for clear error); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990) (upward adjustment for obstruction of justice under section 3C1.1 reviewable for clear error); United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir.1989) (downward adjustment for minimal participation under section 3B1.2 reviewed for clear error); United States v. Mejia-Orosco, 867 F.2d 216, 221 (5th Cir.), cert. denied, — U.S. —, 109 S.Ct. 3257 , 106 L.Ed…
discussed Cited as authority (rule) United States v. John Wheelwright
1st Cir. · 1990 · confidence medium
That is to say, we cannot say that the district court’s finding is “clearly erroneous.” See United States v. Brown, 900 F.2d 1098, 1103 (7th Cir.1990) (reviewing finding that defendant had obstructed justice under clearly erroneous standard); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990) (same).
examined Cited as authority (rule) United States v. Ricardo Rodriquez-Macias (4×) also: Cited "see"
9th Cir. · 1990 · confidence medium
We review for clear error a sentencing court’s findings of fact under the Guidelines. 18 U.S.C. § 3742 (e); United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990).
discussed Cited as authority (rule) United States v. Jack D. Rexford
9th Cir. · 1990 · confidence medium
A “minor participant” is defined in the application notes to § 3B1.2(b) as “any participant who is less culpable than most other participants, but whose role could not be described as minimal.” “ ‘A district court’s finding that a defendant does not qualify for minimal or minor participant status is, as the commentary points out, “heavily dependent on the facts of the particular case,” and should be upheld unless clearly erroneous.’ ” United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990) (quoting United States v. Gillock, 886 F.2d 220, 222 (9th Cir.1989) (per curi…
discussed Cited as authority (rule) United States v. Andes-Mar Pereira Barbosa
9th Cir. · 1990 · confidence medium
United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990) (citing 18 U.S.C. § 3742 (e)); accord, United States v. Shoulberg, 895 F.2d 882, 884 (2d Cir.1990); United States v. Franco-Torres, 869 F.2d 797, 800 (5th Cir.1989).
discussed Cited as authority (rule) United States v. Larnel Webb Lofton
9th Cir. · 1990 · confidence medium
A. Standard of Review A district court’s determination of whether a defendant obstructed justice is reviewed as a factual finding under the clearly erroneous standard, United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990), and 18 U.S.C.A. § 3742 (e) (West Supp.1989).
discussed Cited as authority (rule) United States v. Nelson
D. Kan. · 1990 · confidence medium
The issue of whether a defendant is a minor participant is, as the commentary points out, “heavily dependent upon the facts of the particular case.” United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
discussed Cited "see" United States v. Williams
E.D. Wis. · 2004 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990) (affirming finding that defendant was minor rather than minimal participant where he was convicted of use of telephone in commission of drug offense, rather than drug conspiracy, were evidence showed defendant used phone to negotiate price and quantity of drugs). 10 III.
discussed Cited "see" United States v. Wineman
9th Cir. · 2003 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990) (holding that “[a] district court’s finding that a defendant does not qualify for minimal or minor participant status ... should be upheld unless clearly erroneous”) (citations and internal quotation marks omitted).
discussed Cited "see" United States v. Mark Wayne Helton, Sr.
9th Cir. · 1993 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990). 12 Helton argues that he played only the role of a lookout or minimal assistant, was not involved in the manufacture of methamphetamine, was not involved in the distribution of methamphetamine and did not have a percentage interest in the profits.
discussed Cited "see" United States v. David Jackson Currie
9th Cir. · 1992 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339, 342 (9th Cir.1990) (obstruction of justice finding reviewed for clear error). 12 The court found that Currie's statements were an attempt to obstruct justice with regard to all three of the counts against him.
discussed Cited "see" United States v. Arthur Daniel Merkle
9th Cir. · 1991 · signal: see · confidence high
See Baker, 894 F.2d at 1084 . 7 In United States v. Christman, 894 F.2d 339 (9th Cir.1990), the court similarly found that furnishing material falsehoods to a probation officer in the course of a presentence investigation was conduct which provided for a two-level sentencing increase under the Guidelines.
discussed Cited "see" United States v. Ignacio Rodriguez
2d Cir. · 1991 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339, 341-42 (9th Cir.1990) (finding of willful obstruction of justice not clearly erroneous where defendant told probation officer he had been convicted of a misdemeanor although he pleaded guilty to felony); United States v. Williams, 897 F.2d 1034, 1040-41 (10th Cir.1990) (while defendant had no duty to disclose prior conviction overturned on appeal, the false statement she offered concerning prior arrest constituted obstruction of justice), cert. denied, — U.S. -, 111 S.Ct. 2064 , 114 L.Ed.2d 469 (1991); United States v. Garcia, 902 F.2d 324, 325-2…
discussed Cited "see" United States v. Calvin Leroy Brooks
6th Cir. · 1990 · signal: see · confidence high
See United States v. Christman, 894 F.2d 339 (9th Cir.1990) (concluding that upward adjustment for obstruction of justice not clearly erroneous where defendant knew about a previous felony conviction and intentionally furnished a falsehood to probation officers).
discussed Cited "see, e.g." United States v. Pedro Prieto-Villa (2×)
9th Cir. · 1990 · signal: see also · confidence medium
See also United States v. Christman, 894 F.2d 339, 341 (9th Cir.1990).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert CHRISTMAN, Defendant-Appellant
89-30090.
Court of Appeals for the Ninth Circuit.
Jan 24, 1990.
894 F.2d 339
Michael McGrady, Eugene, Or., for defendant-appellant., Thomas M. Coffin, Asst. U.S. Atty., Eugene, Or., for plaintiff-appellee.
Canby, Tang, Wright.
Cited by 62 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #41,382 of 633,719
Citer courts: Sixth Circuit (1) · Ninth Circuit (1)
EUGENE A. WRIGHT, Circuit Judge:

We consider whether the district court erred in sentencing the defendant under the Sentencing Guidelines when it found (1) he was a “minor” rather than a “minimal” participant in the offense, and (2) he willfully impeded or obstructed the administration of justice. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

A federal grand jury returned a seven-count indictment against three defendants, including Robert Christman, alleging drug[*341] offenses. Christman was charged with using the telephone to negotiate the price and quantity of drugs on behalf of one of the other defendants, and derived no profit from the drug transactions. He pleaded guilty to one count of using a telephone to facilitate a cocaine conspiracy, in violation of 21 U.S.C. §§ 843(b), 846, and 841(a)(1).

The probation office prepared a presen-tence report, recommending that (1) Christ-man’s sentence be reduced two points under Sentencing Guideline § 3B1.2(b) for his “minor” role in the offense, (2) his sentence be enhanced two points for obstruction of justice under § 3C1.1, and (3) there be no reduction for acceptance of responsibility under § 3E1.1. He objected to these recommendations but, after hearing testimony at the sentencing hearing, the court adopted the findings and recommendations of the report.

Applying the Sentencing Guidelines, the court imposed a 12-month prison sentence and a $10,000 fine. Christman appeals the imprisonment portion of the sentence.

DISCUSSION

On appeal, he argues that (1) the court erred in treating him as a “minor” rather than as a “minimal” participant in the offense under Guideline § 3B1.2, and (2) it erred in enhancing his sentence for willfully impeding or obstructing the administration of justice under § 3C1.1.

I. Application of Guideline § 3B1.2

Guideline § 3B1.2 provides for a two-level reduction in the base offense level if the defendant was a minor participant in the offense, and a four-level reduction if he was a minimal participant. The court accepted the presentence report’s conclusion that Christman was a minor participant, and reduced his offense level two points. He argues that the court erred because he was really a minimal participant.

The downward adjustment under § 3B1.2 is to be used infrequently. United States v. Gillock, 886 F.2d 220, 222 (9th Cir.1989) (per curiam). “A district court’s finding that a defendant does not qualify for minimal or minor participant status is, as the commentary points out, ‘heavily dependent on the facts of the particular case,’ and should be upheld unless clearly erroneous.” Id. (citations omitted).

The court’s finding that Christman was a minor rather than minimal participant was not clearly erroneous. Christman argues that he was a minimal participant in the conspiracy. He was sentenced, however, based on the charge of using a telephone in the commission of a drug-related offense, not for conspiracy to distribute cocaine. Because there was evidence that he used the telephone to negotiate the price and quantity of drugs, the court reasonably concluded that his participation in this crime was not minimal. There was no error.

II. Application of Guideline § 3C1.1

Christman argues that the court erred in enhancing his sentence for obstructing justice. Guideline § 3C1.1 provides:

If the defendant willfully impeded or obstructed, or attempted to impede or obstruct the administration of justice during the investigation or prosecution of the instant offense, increase the offense level by 2 levels.

This enhancement is appropriate “for a defendant who engages in conduct calculated to mislead or deceive authorities or those involved in a judicial proceeding ... in respect to the instant offense.” Commentary to Guideline § 3C1.1. Furnishing material falsehoods to a probation officer in the course of a presentence investigation is conduct which may provide a basis for enhancement. Guideline § 3C1.1, Application Note 1(e). “In applying this provision, suspect testimony and statements should be evaluated in a light most favorable to the defendant.” Id. at Application Note 2.

[*342] The court’s finding that Christman obstructed justice is a factual conclusion which we review for clear error. 18 U.S. C.A. § 3742(e) (West Supp.1989); see United States v. Williams, 879 F.2d 454, 457 (8th Cir.1989); United States v. FrancoTorres, 869 F.2d 797, 800 (5th Cir.1989).

The court’s conclusion that Christ-man obstructed justice was not clearly erroneous. As noted in the presentence report, he twice told the probation office that a 1983 drug charge had been dismissed. Later, he said that he had been convicted of a misdemeanor. Later investigation revealed that he had been convicted of a felony drug charge. The transcript of the plea hearing in California state court on that charge indicates that Christman was informed and understood that he was pleading guilty to a felony. In addition, Judge Redden heard testimony at the sentencing hearing from Christman and his attorney in the California case, allowing him to make the appropriate credibility determinations.

Christman argues that the court erred in its finding that he obstructed justice when it stated that he “was aware or should have been aware that his previous conviction was a felony.” He argues that such a finding is inconsistent with the requirement that the obstruction be “willful.” This argument has no merit.

A review of the record indicates that Christman’s obstruction of justice was intentional and that the court found his conduct to be willful. Based on the testimony at the sentencing hearing and the transcripts from the 1983 plea hearing, the evidence was overwhelming that he knew about the previous drug conviction and intentionally lied to the probation officers. The sentence enhancement under § 3C1.1 was not clearly erroneous.

AFFIRMED.