United States Ninth Circuit

In an appeal from a judgment of the district court sentencing defendant to 25 months' imprisonment following his guilty plea to ten counts of embezzlement and eight counts of bank fraud, conviction and sentencing are upheld where defendant's challenge on the ground that because he did not know he was the subject of a criminal investigation at the time he committed perjury in a civil suit concerning the very same conduct later charged in the criminal Indictment, the district court erred in applying U.S.S.G. section 3C1.1 enhancement fails.

Appellate Information

• Decided 10/03/2011
• Published 10/03/2011

Judges

• BEA

Court

• United States Ninth Circuit

Counsel