U.S. v. OLSEN

No. 06-4307.

519 F.3d 1096 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Timmy Brent OLSEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2008.


Attorney(s) appearing for the Case

Jeremy M. Delicino (Stephen R. McCaughey, with him on the briefs), Salt Lake City, UT, for the Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), Salt Lake City, UT, for the Plaintiff-Appellee.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Timmy Brent Olsen appeals his conviction and sentence on fifteen counts of perjury in violation of 18 U.S.C. § 1623(a). He contends that the district court abused its discretion by declining to sever three of the perjury counts, and that it violated his due process rights by finding a sentencing fact by only a preponderance of the evidence. We disagree. We do not discern an abuse of discretion in refusing to sever the counts, and any constitutional...

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