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(461)(765) Defendant challenged for the first time on appeal an increase for obstruction of justice based on the district court’s finding that he perjured himself during trial. He was convicted of being a violent felon in possession of body armor.The court adopted the PSR’s account as to defendant’s per­jury. While in pre-trial custody, defendant wrote several letters to his cousin asking her to swear that the gun was hers and that she put it in his car without his knowledge. §3C) 5th Circuit upholds obstruction increase based on perjury at trial.The Fifth Circuit held that the district court did not abuse its discretion in finding that defendant’s testimony lacked credibility and that he was untruthful in his testimony. Before ruling on the motion, the court warned defendant that if the court and found that defendant was not telling the truth, he “[would] receive a harsher sentence.” The court added that the evidence was so strong that it would have made the same finding “beyond a reasonable doubt.” Defendant then declined to testify.The PSR noted that defendant testified that he never received drugs from Magee, but the evidence showed that Magee supply drugs to defendant. He also told her she could ignore the subpoena she had received to testify before the grand jury.

Defendant’s tampering obstructed the closely related child pornography charges. (461) Defendant served as security for a drug-trafficking ring run by Blount.

In particular, urging his cousin to ignore the subpoena was an attempt to obstruct justice. (461) Defendant was char­ged with multiple counts of production and possession of child pornography, and pled guilty to one count of receiving child pornography.

The district court applied a two-level obstruction of justice enhancement because defendant told her daughter, who was molested by her father in defendant’s presence, not to talk about defen­dant’s involvement in the offense.

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