United States Second Circuit

Defendant's sentence for conspiracy to distribute and possess with intent to distribute a controlled substance, which included a sentencing enhancement for obstruction of justice, is vacated and remanded for resentencing, where: 1) the four statements that defendant made to support his motion to suppress evidence do not show a willful intent to provide false testimony; and therefore, 2) the district court erred in applying the sentencing enhancement for obstruction of justice based on these statements.

Appellate Information

• Decided 05/07/2014
• Published 05/07/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel