or affect the issue under determination.” U.S.S.G. § 3C1.1 cmt. n.6 (emphasis added). Although the omitted financial data may not have had any actual effect on Miller’s fine or restitution amounts, it is certainly the kind of information which would “tend to influence” those determinations. See, e.g., United States v. Dupre, 117 F.3d 810, 825 (5th Cir.1997) (“A statement to a probation officer concerning one’s financial resources will obviously affect the officer’s determination of ability to pay.” (quotation omitted)). There is no basis to deem the omitted information not material when it did not have, but was the kind of information which could have had, an influence on the relevant sentencing determinations. See United States v. Juarez-Duarte, 513 F.3d 204, 210-11 (5th Cir.2008) (<HOLDING>). Miller also contends that her errors were the
recognizing the applicability of the mcdonough standard to federal criminal proceedings recognizing applicability of discovery rule recognizing the applicability of rule 9b under such circumstances recognizing the applicability of the obstruction enhancement in either scenario recognizing the presumptions applicability to federal statutes