United States v. White

No. 99-40801
-1-
* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40801
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WESLEY ERON WHITE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-141-1
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Wesley Eron White appeals the sentence imposed by the
district court upon White’s guilty-plea conviction of mailing
nonmailable material in violation of 18 U.S.C. § 1461. White
argues that the district court erred in applying U.S.S.G. § 3C1.1
to enhance his sentence on account of obstruction of justice.
A district court’s finding that a defendant has obstructed
justice under § 3C1.1 is a factual finding reviewed for clear
error. United States v. Storm, 36 F.3d 1289, 1295 (5th Cir.
1994). Based upon our review of the record, we conclude that the
district court did not err in enhancing White’s sentence either

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No. 99-40801
-2-
because White provided a materially false statement to postal
investigators or because White provided materially false
information to the probation officer conducting the presentence
investigation. Accordingly, we AFFIRM the district court’s
judgment.
AFFIRMED.

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