U.S. v. Stenson

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on unlawful possession of firearm charge based in part on Dist. Ct.’s imposition of two-level obstruction of justice enhancement that stemmed from defendant’s trial testimony in which he denied that he had possessed gun that was found near defendant. Ct. rejected defendant’s claim that enhancement denied him right to fair trial, where Dist. Ct.’s perjury finding used to support enhancement was based solely on defendant’s testimony that was inconsistent with testimony provided by govt. witnesses. Moreover, enhancement was appropriate, where Dist. Ct. could properly find that defendant’s version of what happened at arrest scene (i.e. that he had thrown down cell-phone and not handgun shortly before his arrest) represented false testimony on material matter, rather than testimony that was result of confusion, mistake or faulty memory.