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U.S. v. ANDREWS

No. 14-4422.

808 F.3d 964 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Lee ANDREWS, III, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 30, 2015.

Attorney(s) appearing for the Case

ARGUED: Kearns Davis , Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, North Carolina, for Appellant. Robert Albert Jamison Lang , Office of the United States Attorney, Winston-Salem, North Carolina, for Appellee.

ON BRIEF: W. Michael Dowling , Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, North Carolina, for Appellant. Ripley Rand , United States Attorney, Office of the United States Attorney, Winston-Salem, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge KEENAN joined.

Petitioner Albert Lee Andrews challenges here the imposition of a U.S.S.G. § 3C1.1 enhancement for obstructing the administration of justice. The district court applied the enhancement against the defendant for knowingly presenting false testimony at his trial. Inasmuch as the court's finding of obstruction was not...

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