United States v. Michael Brian Stout

Appellant appeals the calculation of his sentence under the guidelines. He argues that the district court erred in denying him a two-point reduction for acceptance of responsibility and in enhancing his offense level by two points for obstruction of justice.

I

The district court denied the reduction for acceptance of responsibility because it found that appellant had perjured himself during trial on a related charge. Appellant contends that the district court’s consideration of his perjury was improper under United States v. Piper, 918 F.2d 839 (9th Cir.1990), because it did not concern the crime to which he ultimately pled guilty. Piper held that a reduction for acceptance of responsibility should not be denied solely upon the ground that a defendant failed to confess to other crimes of which he was accused.

Under the facts here, the district court’s consideration of the fact that appellant perjured himself at trial was not improper. Appellant was originally indicted for possession of counterfeit currency with intent to defraud under 18 U.S.C. § 472 , based in part on an attempt to pass a counterfeit bill at a K-Mart store. Appellant testified at trial that he did not know the…