United States v. Smith

McKAY, Circuit Judge.

Defendant appeals his conviction under 18 U.S.C. § 1623(a) for attaching a document he knew to be false to a motion filed in a federal district court under penalty of perjury.

Background

In February 2001, Defendant was convicted of being a felon in possession of a firearm. At sentencing, the district court found that he qualified for an enhancement under the Armed Career Criminal Act and sentenced him to a 210-month term of imprisonment. We affirmed his conviction and sentence on appeal. United States v. Smith, 33 Fed.Appx. 462 (10th Cir.2002).

In October 2003, Defendant…