United States v. Taylor, No. 13-30040 (9th Cir. 2014)
Annotate this CaseDefendant appealed a two-level enhancement for obstruction of justice under U.S.S.G. 3C1.1 based on defendant's false and misleading testimony at a bond revocation hearing. The court affirmed the sentence, holding that a defendant who willfully provides materially false testimony to a judge during a bond revocation hearing may be subject to a sentence enhancement under section 3C1.1; because defendant's testimony, if believed, could have affected his custodial status pending trial, his statements were material under section 3C1.1; and the district court made sufficient findings to support an obstruction enhancement. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. Affirming a sentence for defrauding the Veteran’s Administration, the panel held that a defendant who willfully provides materially false testimony at a bond revocation hearing may be subject to an enhancement for obstruction of justice under U.S.S.G. § 3C1.1. The panel held that the defendant’s testimony to the magistrate judge during a bond revocation hearing was material as defined in the commentary to § 3C1.1, that a specific finding of “perjury” was not required, and that the district court made sufficient findings to support the enhancement as an attempt to obstruct or impede the administration of justice with respect to prosecution “of the instant offense of conviction.”
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