01-3439 U.S. v. Partee

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“[T]he district court applied sec. 3C1.1 because of Partee’s false statement to the probation officer that he had worked at Flemons’ Express. In doing so, the district court found that Partee willfully obstructed justice, crediting the testimony of Flemons, who stated that Partee had not worked there and that Flemons had fabricated pay stubs on Partee’s behalf because Partee told him that he needed to show his probation officer that he had a job. In light of the fact that Partee’s lie to the probation officer was part of a continuing scheme to hide his true source of income, the district court did not clearly err in finding that Partee willfully obstructed justice. The district court also did not clearly err in finding that Partee’s false statements were material, as they concerned his personal history-a major factor in the sentencing determination. See Thomas, 11 F.3d at 1400-01. Thus, as in Thomas, the district court correctly applied sec. 3C1.1.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Reinhard, J., Kanne, J.