United States Second Circuit

Defendant's swearing to false financial affidavits in order to obtain court-appointed counsel did not constitute obstruction of justice, and therefore the court erred in using this as a basis for a two-level sentence enhancement.

Appellate Information

• Decided 06/09/2004
• Published 06/09/2004

Judges

• KORMAN, Chief District Judge., Before:  OAKES, B.D. PARKER, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Alexander H. Southwell, Assistant United States Attorney, New York, NY, for Appellee (David N. Kelley, United States Attorney for the Southern District of New York and Adam B. Siegel, of counsel, on the brief)., Mark P. Goodman, Debevoise & Plimpton, New York, NY, for Defendant-Appellant George Englert.