Second Circuit Review

Perjured Statements as a Basis for Sentencing Enhancement

, New York Law Journal

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In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss 'United States v. Peña,' in which the court found that the defendant's sworn statements, discredited by the district court, did not demonstrate a willful obstruction of justice. The decision delineates the line between a sentencing enhancement that advances valid sentencing goals and one that violates a defendant's constitutional and statutory rights to testify.

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