United States v. Napolitan, No. 13-1863 (3d Cir. 2014)
Annotate this CaseNapolitan was convicted of possession with intent to distribute 500 grams or more of cocaine, 21 U.S.C. 841(a)(1) and (b)(1)(B)(ii), and was sentenced to a term of imprisonment of 78 months, which the court ordered to run consecutively with a sentence Napolitan was already serving on a separate state offense. The Third Circuit affirmed the conviction, rejecting a claim that two government witnesses testified falsely at trial, but vacated the sentence. On remand, the district court must make a finding as to whether the government met its burden of proving by a preponderance of the evidence that the defendant perjured himself. If the record also provides support for findings that a false statement was material and willful, the U.S.S.G. 2D1.1(b)(1) and 3C1.1 enhancement must be applied.
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