United States of America v. Edward Lee Sullivan, a.k.a. Three Stacks

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
EDWARD LEE SULLIVAN, a.k.a. Three
Stacks,
Defendant-Appellant.
No. 16-10509
D.C. No. 4:09-cr-00167-JST
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Edward Lee Sullivan appeals from the district court’s judgment and
challenges the 324-month sentence imposed upon remand for resentencing
following his bench-trial conviction for production of child pornography, in
violation of 18 U.S.C. § 2251(a); and possession of child pornography, in violation
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10509
of 18 U.S.C. § 2252(a)(4). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Sullivan contends that the district court erred by applying an obstruction of
justice enhancement under U.S.S.G. § 3C1.1. We review the district court’s
factual findings for clear error and its application of the Guidelines to the facts for
abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th
Cir. 2017) (en banc). Contrary to Sullivan’s contention, the district court made
sufficient factual findings to support the enhancement, including a finding that
Sullivan willfully gave false testimony on a material matter at trial. See United
States v. Jimenez-Ortega, 472 F.3d 1102, 1103 (9th Cir. 2007) (discussing the
required elements for an obstruction of justice enhancement); see also U.S.S.G.
§ 3C1.1 cmt. n.4(F) (enhancement is proper when defendant provides “materially
false information to a judge”).
AFFIRMED.

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