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U.S. v. LEIFSON

No. 08-4103.

568 F.3d 1215 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David Rucker LEIFSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 23, 2009.

Attorney(s) appearing for the Case

Edward K. Brass, Salt Lake City, UT, for Defendant-Appellant.

Brett L. Tolman, United States Attorney; Diana Hagen, Assistant United States Attorney, Salt Lake City, UT for Plaintiff-Appellee.

Before BRISCOE, McKAY, and HARTZ, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant-Appellant David Rucker Leifson appeals his sentence of 48 months' imprisonment, which he received after pleading guilty to one count of perjury in violation of 18 U.S.C. § 1623(a). Leifson contends that the district court erred in calculating his sentence by applying the accessory-after-the-fact cross reference guideline, U.S.S.G. § 2X3.1, because his false statement was not "in respect to a criminal offense" within the...

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