Does a finding of willfulness and materiality need to be made for an obstruction enhancement to be affirmed?
MultiRegion, United States of America
The following excerpt is from United States v. Castro-Ponce, 770 F.3d 819 (9th Cir. 2014):
make findings on willfulness and materiality for an obstruction enhancement to be affirmed. See United States v. Massey, 48 F.3d 1560, 157374 (10th Cir.1995) (reversing obstruction enhancement where district court had found that defendant's testimony was false, but did not identify the false testimony or make specific findings as to materiality and willfulness).
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