United States v. Warren

I agree that trial counsel’s argument was legally permissible in this particular case. Under any fair reading of the record, accused told a “cock-and-bull story” in his sworn testimony; it was not improper for the court members to conclude that accused had lied and to consider such factor in fashioning a sentence.

In my judgment, such sentencing considerations may be permitted in only a limited range of cases. Upon slightly different facts, I would not hesitate to reach a contrary result.

As a possible aid for those facing such problems in the future, I will set forth: (a) relevant Federal…