United States v. Butters
Docket: No. 01-30276; D.C. No. CR-00-00134-JMF
Court: Court of Appeals for the Ninth Circuit; August 8, 2002; Federal Appellate Court
Edith Anne Butters appeals her sentencing for three counts of making false statements under oath during a bankruptcy proceeding, violating 18 U.S.C. § 152(2). She contends that the district court erred by (1) applying a two-level upward adjustment for her aggravated role in the offense, arguing that her accomplices were not criminally responsible, and (2) imposing a two-level obstruction of justice adjustment based on misstatements she claims were not material. The court has jurisdiction under 28 U.S.C. § 1291 and affirms the district court's decisions. The district court's factual findings are reviewed for clear error. Regarding the aggravated role adjustment, the court found that Butters directed accomplices Robert Ziemke and Joseph Smida, who later recognized the items they helped move were collateral and were convicted in state court for their actions. Thus, the district court did not err in determining they were criminally responsible participants. On the obstruction of justice adjustment, the court initially erred by considering Butters's false statements about her personal background as material. However, the adjustment can still be valid if supported by other grounds. The Presentence Investigation Report (PIR) indicated Butters omitted over $20,000 in assets, which constitutes a valid basis for the adjustment. Although Butters argued the court did not adopt the PIR properly, the overall record makes the court's position clear for appellate review. Ziemke’s credible testimony supported the finding of the omitted assets, justifying the obstruction of justice upward adjustment. The appeal is therefore affirmed, and the disposition is not suitable for publication or citation except as permitted by Ninth Circuit Rule 36-3.