What is the test for whether a defendant obstructed justice?

MultiRegion, United States of America

The following excerpt is from U.S. v. Adams, 134 F.3d 379 (9th Cir. 1998):

Whether a defendant obstructed justice is a factual determination we review for clear error. See United States v. Barbosa, 906 F.2d 1366, 1369 (9th Cir.1990) If a defendant attempts to obstruct the administration of justice, the offense level shall be increased by two levels. See U.S.S.G. 3C1.1 (1988). Obstruction of justice is defined as testifying untruthfully concerning a material fact at any judicial proceeding. See U.S.S.G. 3C1.1, Application Note 1(c) (1988); United States v. Dunnigan, 507 U.S. 87, 95 (1993); Barbosa, 906 F.2d at 1369.

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