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Statement at Allocution Results in Perjury Enhancement

By Shari Allison

United States v. Parker, ___ F.3d ___ , 2010 WL 437329(10th Cir. 2010)Whoops! Should?ve kept his mouth closed. District court stated it was not until defendant?s inconsistent testimony at allocution did it decide that he had perjured himself during his suppression hearing testimony (the court stated that its ruling denying suppression was merely a matter of finding some witnesses more credible, but not a finding necessarily that defendant perjured himself). 10th finds no clear error in district court?s enhancing defendant?s sentence for obstruction based on the perjury finding.

Full post as published by Tenth Circuit Blog on February 10, 2010 (boomark / email).