Holliday

United States v. Holliday

Good Law
72 F. App'x 689
United States Court of Appeals for the Ninth CircuitAugust 18, 200302-10488California501 words

Opinion

Lead Opinion

MEMORANDUM **

Kajo Holliday appeals his 63-month sentence imposed following a jury conviction for involuntary manslaughter, in violation of 18 U.S.C. §§ 1112 and 1153. He raises four challenges to his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Holliday contends that the district court erred by imposing a two-level increase for obstruction of justice, pursuant to USSG § 3C1.1 merely because the district judge found Holliday’s testimony not credible, and that the district court failed to make the findings necessary to merit such an increase. He is mistaken on both points. See United States v. Dunnigan, 507 U.S. 87, 95-96 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) (upholding sentence enhancement under U.S.S.G. § 3C1.1 where sentencing court found that the defendant was untruthful at trial with respect material matters and numerous witnesses contradicted the defendant on facts of which she could not have been mistaken); United States v. Oplinger, 150 F.3d 1061, 1070 (9th Cir. 1998) (“although ‘it is preferable for a district court to address each element of the alleged perjury in a separate and clear finding,’ this in no way is required, [citation…

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