Archive | perjury

Tuesday, February 23rd, 2021

District court must make clear, specific finding that defendant committed perjury before imposing the 2-level obstruction enhancement based on trial testimony.

In United States v. Ivan Rosario, 2d Cir. No. 18-1994 (L) (Feb. 23, 2021) (per curiam), the Court (Sack, Chin, and Lohier) reaffirmed the longstanding rule that a district court may impose a 2-level obstruction enhancement under U.S.S.G. § 3C1.1, based on the defendant’s allegedly false trial testimony, only if it “make[s] findings to support all the elements of a perjury violation in the specific case,” namely, “that the defendant (1) willfully and (2) materially (3) committed perjury, which is (a) the intentional (b) giving of false testimony (c) as to a material matter.” Op. 6 (quoting United States v. Dunnigan, 507 U.S. 87 (1993) and United States v. Thompson, 808 F.3d 190 (2d Cir. 2015)). This “rigid requirement of fact-finding” ensures “that courts will not automatically enhance sentences whenever the accused takes the stand and is thereafter found guilty.” Op. 5-6. Because “[a]ny sentence …

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Categories: obstruction of justice, perjury

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