United States of America, Plaintiff-appellee, v. Kenneth Osobor, A/k/a Ibrahim Mike Abu, A/k/a Mike, A/k/abarry, Defendant-appellant, 991 F.2d 792 (4th Cir. 1993)

OPINION

On June 9, 1992, we filed an opinion, which affirmed the convictions of all of the appellants and also affirmed the enhancement of Osobor's offense level under § 3B1.1(c) of the U. S. Sentencing Guidelines.^*  Because the Supreme Court had granted certiorari in our opinion, United States v. Dunnigan, 944 F.2d 178 (4th Cir. 1991), we held in abeyance Osobor's claim of error by the district court in adding a two level upward enhancement of his sentence under § 3C1.1 upon a finding that he had obstructed justice by committing perjury when he testified at his trial. In Dunnigan we held such an enhancement improper because it placed an intolerable burden upon a defendant's right to testify.

On February 23, 1993, the Supreme Court reversed Dunnigan, and found that the Constitution permitted a court to enhance a defendant's sentence under the U.S.S.G. § 3C1.1 upon a finding that the defendant had committed perjury at his trial. United States v. Dunnigan, 61 U.S.L.W. 4180 (U.S. Feb. 23, 1993).

Therefore, the sentence of appellant Osobar, including the enhancement for obstruction of justice under U.S.S.G. § 3C1.1, is affirmed.

AFFIRMED