United States Ninth Circuit

Evidence did not show that a drug defendant brought her son along to use as a decoy, thus a sentence enhancement for use of a minor in the commission of a crime was clearly erroneous. Obstruction of justice enhancement was improper absent a showing that false testimony was material.

Appellate Information

• Argued 07/12/2002
• Decided 08/27/2002
• Published 08/27/2002

Judges

• Before NOONAN, WARDLAW and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew C. Winter, Federal Defenders of San Diego, San Diego, CA, for defendant-appellant., Patrick K. O'Toole, United States Attorney, Charles L. Rees, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for plaintiff-appellee.