United States v. Pena, No. 13-1787 (2d Cir. 2014)Annotate this Case
Defendant appealed his sentence after being convicted of conspiracy to distribute with intent to distribute at least 500 grams of cocaine. Defendant challenged the district court's application of a sentencing enhancement for obstruction of justice under U.S.S.G. 3C1.1. The court held that the four statements at issue did not show a willful intent to provide false testimony. Accordingly, the court vacated the judgment of the district court and remanded for resentencing.