United States Ninth Circuit

Sentence and conviction for possession of methamphetamine with intent to distribute is: 1) affirmed as to conviction where the district court did not abuse its discretion in denying an evidentiary hearing on the defendant's motion to suppress; but 2) vacated and remanded as to sentence where the District Court's failure, in applying an obstruction of justice enhancement, to explicitly find that the defendant's testimony was willful and material is plain error affecting the defendant’s substantial rights.

Appellate Information

• Published 2016/08/12

Judges

• SILVERMAN

Court

• United States Ninth Circuit

Counsel