U.S. v. Brown

In prosecution on drug distribution charge, Dist. Ct. erred in sentencing defendant to 60-month term of incarceration based, in part, on imposition of two-level enhancement for obstruction of justice that arose out of defendant’s alleged untruthful testimony given during suppression hearing concerning different defendant before different judge. While defendant’s testimony at suppression hearing involving different defendant could support imposition of obstruction of justice enhancement in his own criminal matter, Ct. of Appeals found that Dist. Ct. lacked sufficient factual basis to impose instant enhancement, where Dist. Ct. based findings primarily on interim impressions of Dist. Ct. presiding at suppression hearing, which were made prior to defendant’s testimony at suppression hearing. Moreover, while Ct. of Appeals doubted whether defendant would receive lower sentence on remand since he received sentence that was lower that applicable guideline range that would apply without enhancement, it could not say that instant error was harmless.