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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Leifson, ___F.3d ___, 2009 WL 1758766 (10th Cir. 2009)The COA holds that the accessory-after-the-fact perjury cross reference guideline, U.S.S.G. § 2X3.1, applied to Defendant?s conviction of perjury in front of the grand jury. The cross reference perjury guideline starts at 6 levels lower than the crime involved?in this case, second degree murder, so higher than plain perjury. The operative guideline language is ?in respect to? and perjury is made ?in respect to? a criminal offense when it is ?related to the criminal offense in a very entwined and enmeshed way.? Defendant did not need to have been charged with second degree murder for the cross reference to apply. Defendant agreed in his plea bargain that his perjury was material to the grand jury investigation, so his argument that the perjury did not actually obstruct is to no avail...continue to full post

Full post as published by Tenth Circuit Blog on June 29, 2009 (boomark / email).