United States Sixth Circuit

Conviction and sentence of defendant for perjury, conspiracy to possess with intent to distribute oxycodone, and use of a communication facility to facilitate a drug crimes is affirmed in part, vacated in part and remanded where: 1) the district court's conviction is affirmed as defendant waived her right to separate trials on the drug and perjury counts and suffered no constitutional harm as a result of all charges being tried together in a single trial; 2) denial of defendant's Rule 29 motion for acquittal on the perjury counts is affirmed as sufficient evidence supports a finding that defendant's statement in the first trial was false and material; and 3) defendant's sentence is procedurally unreasonable as the district court's failure to comply with section 3553(c) affected defendant's substantial rights.

Appellate Information

• Decided 03/16/2010
• Published 03/16/2010

Judges

Court

• United States Sixth Circuit

Counsel