983 F. 2d 1078 - United States v. Iglesias

MEMORANDUM**

Iglesias was convicted of conspiracy to distribute cocaine, 21 U.S.C. § 846, and possession with intent to distribute heroin, 21 U.S.C. §§ 841(a)(1) and 841 (b)(1)(B), and sentenced to 188 months. He appeals his conviction and sentence. We affirm.

We reject his argument that insufficient evidence supported his conviction. A rational trier of fact, viewing the evidence in the light most favorable to the government, could have found the elements of the offenses beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 309 (1979).

We also reject his argument that cocaine involved in a count of possession that was discussed after the jury deadlocked was improperly used to calculate his offense level. We review findings of fact at sentencing for clear error. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992). Given the evidence tying the cocaine to the conspiracy conviction, the district court did not clearly err when it found the cocaine relevant for sentencing. See U.S.S.G. § 1B1.3 (Relevant Conduct).

Finally, we reject Iglesias' argument that there was no evidence of obstruction of justice to warrant increasing his base offense level by two levels. The court's comments at sentencing strongly suggest that it found he had committed perjury. See United States v. Torres-Rodriguez, 930 F.2d 1375, 1389-90 (9th Cir.1991) (perjury constitutes obstruction); U.S.S.G. § 3C1.1, comment. (n. 3(b)). Given the evidence contradicting Iglesias' testimony, the court's finding was not clearly erroneous.

AFFIRMED.