U.S. v. SMITH

No. 94-3123.

81 F.3d 915 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Cortez SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 7, 1996.


Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, Colorado, for appellant.

Randall K. Rathbun, United States Attorney, and James E. Flory, Assistant United States Attorney, Office of the United States Attorney, Kansas City, Kansas, for appellee.

Before TACHA, COFFIN, and LUCERO.


TACHA, Circuit Judge.

A jury convicted Cortez Smith of possession with intent to distribute cocaine. At sentencing, the district court imposed a two-level sentence enhancement for obstruction of justice based on testimony it considered to be perjured. The court then sentenced Smith to 100 months imprisonment, four years of supervised release, and a $5000 fine. Smith appeals that sentence, claiming that the district court erred in (1) failing to make an adequate finding...

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