Beruflich Dokumente
Kultur Dokumente
No. 12-4726
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:10-cr-00384-TSE-1)
Submitted:
Decided:
PER CURIAM:
Luis
trial,
of
violation
Alberto
conspiring
of
21
Napan
to
U.S.C.
was
import
952,
convicted,
a
following
controlled
960(a)(1),
jury
substance,
963
(2006).
in
The
Guidelines
enhancement
for
obstruction
of
justice
light of Perez.
resentencing,
the
district
court
made
additional
the
original
four
false
statements
were
both
material
to
The
Napan
to
twenty-seven
months
imprisonment.
Napan
erred
in
concluding
that
Napans
false
testimony
was
United States
error only if, on the entire evidence, we are left with the
definite and firm conviction that a mistake has been committed.
Id. (internal quotation marks and alterations omitted).
To impose a USSG 3C1.1 enhancement for obstruction
of justice based on perjury, the sentencing court must find
that the defendant (1) gave false testimony; (2) concerning a
material matter; (3) with willful intent to deceive.
661
F.3d
at
192
(internal
quotation
marks
Perez,
omitted).
In
court
must
satisfy
itself
that
the
defendant
made
false
than
as
result
of
confusion,
mistake,
or
faulty
See
enhancement.
courts
amended
Accordingly,
judgment.
We
we
dispense
affirm
the
district
with
oral
argument