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U.S. v. ZAJAC

No. 94-6356.

62 F.3d 145 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Terry ZAJAC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

Timothy R. DiScenza, Asst. U.S. Atty. (argued and briefed), Memphis, TN, for plaintiff-appellee.

Stephen B. Shankman (argued and briefed), Memphis, TN, for defendant-appellant.

Before: LIVELY, NELSON, and SILER, Circuit Judges.

LIVELY, Circuit Judge.

This appeal requires us to consider the proper standard of proof to be applied by a sentencing judge in determining whether a defendant has committed perjury and is thus subject to an enhanced sentence for obstruction of justice. The United States Sentencing Guidelines (U.S.S.G.) provide for a two-level increase above the base offense level for a defendant found to have obstructed justice. U.S.S.G. § 3C1.1 (1994). The non-exhaustive list...

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