U.S. v. ATKIN

No. 93-3196.

29 F.3d 267 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Mark ATKIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1994.


Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Dyer, IN (argued), for plaintiff-appellee.

Fred R. Hains, South Bend, IN (argued), for defendant-appellant.

Before ESCHBACH, EASTERBROOK, and RIPPLE, Circuit Judges.


EASTERBROOK, Circuit Judge.

Testifying before a grand jury, Mark Atkin denied that he had ever seen Paul Rockholt possess or use methamphetamine. A jury convicted Atkin of perjury, which under the Sentencing Guidelines has a base offense level of 12, enhanced by three if the lie caused "the unnecessary expenditure of substantial governmental or court resources." U.S.S.G. § 2J1.3(b)(2) comment 1. A prosecutor told the probation officer who prepared the presentence...

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