Wynn

United States v. Wynn

Good Law
22 F. App'x 851
United States Court of Appeals for the Ninth CircuitDecember 7, 2001No. 01-35245; D.C. Nos. CV-96-06330-HO, CR-93-60022-HOCalifornia351 words

Opinion

Lead Opinion

MEMORANDUM **

Randall Wynn appeals the district court’s denial of his petition for relief under 28 U.S.C. § 2255 . We affirm.

*852 “Before a sentence may be vacated on the ground of perjured testimony, the movant must show that the testimony was perjured .and that the prosecuting officials knew at the time such testimony was used that it was perjured.” United States v. Reynoso-Ulloa, 548 F.2d 1329, 1340 (9th Cir.1977) (citation and internal quotation marks omitted). Although we generally review denial of § 2255 petitions de novo, we review the district court’s factual findings in those proceedings for clear error. See United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001).

Wynn claims that Kathy Smith’s trial testimony was perjured because the government forced her to testify favorably by threatening to pursue warrants for her arrest and to take custody of her children. After conducting a full evidentiary hearing, the district court concluded that Smith’s testimony was credible and supported by other testimony and circumstantial evidence presented during the evidentiary hearing.

Because “[t]his court gives special deference to the district court’s credibility…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.