United States v. Allen Ray Heckard

54 F.3d 786 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Allen Ray HECKARD, Defendant-Appellant. No. 94-30160. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1995. * Decided May 17, 1995. Before: BROWNING, REAVLEY, ** and NORRIS, Circuit Judges. 1 MEMORANDUM *** 2 Allen Ray Heckard appeals his jury conviction of distribution of cocaine base, in violation of 21 U.S.C. Secs. 841 (a)(1) and 841(b)(1), and appeals his sentence. We affirm. 3 Heckard's counsel has submitted a brief arguing that the district court erred in increasing Heckard's offense level for obstruction of justice, pursuant to United States Sentencing Guidelines Sec. 3C1.1. The district court properly found that Heckard committed perjury at trial. A finding that a defendant has committed perjury will support an increase in offense levels under section 3C1.1. United States v. Dunnigan, 113 S.Ct. 1111, 1117 (1993). 4 Heckard argues that the…