United States v. Smith

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

In this case, which is before this court for a second time, appellant Arnett C. Smith raises several challenges to the district court’s recalculation of his sentence for conspiracy and conflict of interest. The district court enhanced Smith’s offense level by six levels under the Sentencing Guidelines, finding that Smith *1242committed perjury during the trial, that his offense involved vulnerable victims, and that he had played a leadership role in the offense. The court also departed upward an additional two levels,…