United States v. Stenson
2014 U.S. App. LEXIS 1424
| 7th Cir. | 2014Background
- suppression detail in Rockford targeting high-crime areas; officers surround group near green Pontiac; Stenson seen reaching into waistband and discarding something; firearms found under vehicle including one attributed to Stenson; Stenson testified he only had his cell phone and denied gun possession; district court heightened offense level for obstruction of justice based on perjury; Stenson sentenced to 120 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 3C1.1 obstruction enhancement | Stenson argues enhancement violates fair trial rights | Court should uphold Dunnigan and allow enhancement | No constitutional error; enhancement upheld. |
| Sufficiency of obstruction findings for § 3C1.1 | Stenson denies perjury and materiality | Perjury findings supported by trial testimony and credibility | No clear error; enhancement supported. |
Key Cases Cited
- United States v. Taylor, 637 F.3d 812 (7th Cir.2011) (perjury and materials for § 3C1.1 applicability established)
- United States v. Bermea-Boone, 563 F.3d 621 (7th Cir.2009) (perjury definition; materiality standard)
- United States v. Johnson, 612 F.3d 889 (7th Cir.2010) (requirements for § 3C1.1 findings: false testimony, materiality, willful intent)
- United States v. Dunnigan, 507 U.S. 87 (Supreme Court 1993) (upholds constitutionality despite chilling effect on testimony)
- United States v. Williams, 553 F.3d 1073 (7th Cir.2009) (recognizes perjury-based obstruction may apply even if testimony is incredible)
- United States v. Jackson, 300 F.3d 740 (7th Cir.2002) (perjury-based obstruction; right to testify does not negate obligation not to commit perjury)
- United States v. Emerson, 128 F.3d 557 (7th Cir.1997) (§ 3C1.1 punishes perjury, not right to testify)
- United States v. White, 240 F.3d 656 (7th Cir.2001) (simple denial of culpability cannot solely trigger § 3C1.1)