United States Tenth Circuit

A conviction and sentence on multiple counts of perjury is affirmed where: 1) there was no abuse of discretion in declining to sever three of the perjury counts at issue; and 2) any constitutional error in finding a sentencing fact by only a preponderance of the evidence was harmless beyond a reasonable doubt.

Appellate Information

• Decided 03/11/2008
• Published 03/12/2008

Judges

• LUCERO, Circuit Judge., Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jeremy M. Delicino (Stephen R. McCaughey, with him on the briefs), Salt Lake City, UT, for the Defendant-Appellant., Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), Salt Lake City, UT, for the Plaintiff-Appellee.