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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
KEVIN IKE OBI,
Defendant-Appellant.


No. 07-1400

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 04-00230-001—Richard A. Enslen, District Judge.
Argued: April 29, 2008
Decided and Filed: September 5, 2008
Before: BATCHELDER and SUTTON, Circuit Judges; BARZILAY, Judge.

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OPINION
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BARZILAY, Judge. Appellant Kevin Obi (“Obi”) appeals, for a second time, his sentence of 300 months imprisonment for knowingly and intentionally distributing heroin resulting in serious bodily harm or death. In the first sentencing hearing, the lower court imposed a 300 month sentence on the basis of an obstruction of justice enhancement for Obi’s false statements to police officers. Obi appealed and a separate panel of this Court reversed and remanded, holding that the factual record did not support an enhancement based on obstruction. On remand, the sentencing judge reimposed the 300 month sentence, again finding that Obi obstructed the investigation. Notably, the judge stated that he would have imposed the same 300 month sentence based on Obi’s egregious conduct, irrespective of any accusation of obstruction. In this second appeal, Obi argues that the district court exceeded the scope of its authority in conducting a de novo resentencing hearing because the Court of Appeals issued a limited remand. Obi further claims that the district court erred in enhancing his sentence based on obstruction of justice. The Court may review the sentencing decision of a district court pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. Because the district court acted within its discretion in conducting a de novo sentencing hearing and had authority to impose a 300 month sentence regardless of obstruction, the sentence is AFFIRMED.