Defendant's sentence for making a false statement in violation of 18 U.S.C. section 1001(a)(2) is affirmed where: 1) a district court may only apply a cross-reference provision under U.S.S.G. section 2B1.1(c)(3) if the facts alleged in the count of conviction support the application of that provision; and 2) the district court did not err when it referred to U.S.S.G. section 2L1.1 to determine defendant's base offense level.
Filed December 9, 2009
Opinion by Judge Wiener