The following excerpt is from U.S. v. Von Moos, 660 F.2d 748 (9th Cir. 1981):
In United States v. Wise, 603 F.2d 1101, 1104 (4th Cir. 1979) the court held there was no double jeopardy in sentencing the defendant for perjury even though the perjury had been considered by the court in sentencing the defendant for a drug offense. The result is compelled by United States v. Grayson, 438 U.S. 41, 52-54, 98 S.Ct. 2610, 2616-17, 57 L.Ed.2d 582 (1978) which rejected the contention that taking account of trial perjury in sentencing constitutes punishment for perjury. If considering trial perjury in sentencing does not constitute punishment for perjury, a subsequent sentence for perjury cannot constitute a second punishment.
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