United States Fourth Circuit

District court's imposition of a 15-month sentence upon a defendant convicted of fraudulently making a declaration under penalty of perjury in a bankruptcy case is affirmed where: 1) district court did not err by using U.S.S.G. section 2J1.3 rather than section 2B1.1 to set her offense level, as the gravamen of the charge was that defendant interfered with the bankruptcy court's administration of justice, not that she defrauded any creditors; and 2) even assuming that the district court committed procedural error in failing to sufficiently explain the sentence imposed in light of the section 3553(a) factors, any error was harmless.

Appellate Information

• Decided 05/11/2010
• Published 05/11/2010

Judges

Court

• United States Fourth Circuit

Counsel