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U.S. v. JOHNSON

No. 14-10113.

812 F.3d 757 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen J. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2016.

Attorney(s) appearing for the Case

Jerald Brainin (argued), Los Angeles, California, for Defendant-Appellant.

Benjamin B. Wagner , United States Attorney, Camil A. Skipper , Assistant United States Attorney, Mark E. Cullers (argued) and Laurel J. Montoya , Assistant United States Attorneys, Fresno, California, for Plaintiff-Appellee.

Before: ALEX KOZINSKI and RICHARD C. TALLMAN, Circuit Judges, and LEE H. ROSENTHAL, District Judge.

OPINION

This case asks us to examine whether and when it is proper to enhance a defendant's sentence for obstructing justice by committing perjury during a trial on a charge that the same defendant had obstructed justice on an earlier occasion. Other circuits have addressed the sentencing consequences of committing...

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