United States v. Maria Chychula
2014 U.S. App. LEXIS 12638
| 7th Cir. | 2014Background
- Chychula was convicted of nine counts of wire fraud and sentenced to 48 months.
- Indictment charged a scheme defrauding over 60 investors of about $4.5 million via interstate wires.
- Evidence included emails, grand jury testimony, and bank records; a multi-year scheme involving Gnxpert entities.
- PSR added a two-level enhancement for obstruction of justice under §3C1.1 based on grand jury perjury.
- Chychula had no prior convictions; advisory range was 168–210 months.
- District court adopted the PSR and imposed a below-range sentence, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Obstruction enhancement based on perjury proper? | Chychula argues insufficient perjury findings. | Gov't contends grand jury lies support perjury. | Harmless error; enhancement affirmed. |
Key Cases Cited
- United States v. Riney, 742 F.3d 785 (7th Cir. 2014) (perjury-based obstruction findings can support enhancement)
- United States v. Dunnigan, 507 U.S. 87 (U.S. 1993) (requires factual predicates for perjury findings)
- United States v. Johnson, 680 F.3d 966 (7th Cir. 2012) (perjury findings must be explicit and willful)
- United States v. Savage, 505 F.3d 754 (7th Cir. 2007) (harmless error where record shows lies and impact is clear)
- United States v. Sheikh, 367 F.3d 683 (7th Cir. 2004) (perjury sufficient if lies about crucial matters)
- United States v. Saunders, 359 F.3d 874 (7th Cir. 2004) (skimpy findings can be harmless where lies shown)