Legal Opinion

United States v. Stephen Johnson

Court of Appeals for the Ninth Circuit

Decided February 5, 2016No. 14-10113PublishedCited by 10 opinions

1Opinion of the Court

OPINION

ROSENTHAL, District Judge:

This case asks us to examine whether and when it is proper to enhance a defendant’s sentence for obstructing justice by committing perjury during a trial on a charge that the same defendant had obstructed justice on an earlier occasion. Other circuits have addressed the sentencing consequences of committing perjury to try to avoid a perjury conviction, but we have not.

Stephen Johnson was indicted for obstructing justice by lying under oath to a grand jury about his role in impeding an investigation by warning the targets about an impending police raid. During…

2Cases cited24 opinions

  1. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. DunniganSupreme Court of the United States · 1993
  3. United States v. StoterauCourt of Appeals for the Ninth Circuit · 2008
  4. Maria Huerta-Guevara v. John D. Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. United States of America, Plaintiff-Appellee/cross-Appellant v. Deshawn Lee Robinson A/K/A Leland Kirk, Defendant-Appellant/cross-Appellee. United States of America v. Jeffrey Meekes A/K/A Orris Weathington, United States of America v. Keith Jackson A/K/A Kevin McElhannonCourt of Appeals for the Tenth Circuit · 1992

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3Cited by10 opinions

  1. United States v. Neil A. ThomsenCourt of Appeals for the Ninth Circuit · 2016
  2. United States v. James BrownCourt of Appeals for the Ninth Circuit · 2021
  3. United States v. Carlos Romero-CoricheCourt of Appeals for the Ninth Circuit · 2020
  4. United States v. Gustavo LermaCourt of Appeals for the Ninth Circuit · 2020
  5. United States v. Israel Nava-ArellanoCourt of Appeals for the Ninth Circuit · 2019

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