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Article • April 1, 1998 • from P&J April, 1998
U.S. v. Cassiliano, No. 97-1215 (2nd Cir.) (137 F.3d 742) (March 5, 1998) (Judge Amalya Lyle Kearse) by This decision is noted because it deals with a frequently misapplied Guideline provision, namely U.S.S.G. § 3C1.1 which permits a two-level sentence enhancement for obstructing or impeding the administration of justice "during …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse) by In this case the Court affirmed the use of an obstruction of justice enhancement under USSG § 3C1.1for conduct in which the defendant attempted to obstruct justice on behalf of a co-conspirator, …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Strang, No. 95-1198 (7th Cir.) (80 F.3d 1214) (April 10, 1996) (Judge Terrence T. Evans) by One of the defendants in this case had his sentence enhanced for obstruction of justice under § 3C1.1, because he perjured himself while testifying for the Government at his codefendant's trial. On …
Article • January 1, 1994
U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion) by Here the Court held than an obstruction of justice enhancment under USSG § 3C1.1 does not apply to a refusal to testify at a coconspirator's trial because the term "instant offense" can …