United States v. Hogue

COX, Chief Judge,

with whom EVERETT, Senior Judge, joins (concurring):

The primary issue here is whether the Government offered sufficient evidence of the falsity of appellant’s sworn statement that he had not used drugs. I find that the undisputed positive urinalysis result and the expert testimony explaining the significance of that result were sufficient evidence to support a finding that appellant knowingly used cocaine and, therefore, falsely swore to the contrary. I write separately only to add my understanding of why the so-called “two-witness rule” is not applicable to this case.

At the…