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U.S. v. HERNANDEZ-RAMIREZ

No. 99-50354.

254 F.3d 841 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Juan HERNANDEZ-RAMIREZ, aka Juan M. Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2001

Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender, and Richard D. Burda, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Jean A. Kawahara, Assistant United States Attorney, Santa Ana, California, for the plaintiff-appellee.

Before: DOROTHY W. NELSON, FERDINAND F. FERNANDEZ, and PAMELA ANN RYMER, Circuit Judges.

Argued and Submitted June 6, 2001 — Pasadena, California

RYMER, Circuit Judge:

Although we have previously upheld application of a two-level adjustment for obstruction of justice under USSG § 3C1.1 (Nov. 1998) for providing false information to a probation officer, we have never considered whether submission of a false financial affidavit to a magistrate judge for the purpose of obtaining appointed counsel is sufficiently related to the offense...

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