Lence
United States v. Lence
Opinion
Lead Opinion
MEMORANDUM *
I
The district court never expressly determined that there was perjury at trial, and a close review of the record reveals no clear evidence of any false testimony. At best, a witness “may have made an earlier inconsistent statement,” but that “does not establish that the testimony offered at trial was false.” United States v. Croft, 124 F.3d 1109, 1119 (9th Cir.1997). As such, John Lence’s allegations of perjury amount to “mere speculation,” United States v. Aichele, 941 F.2d 761, 766 (9th Cir.1991), and this court is not “obligated to decide [a witness’s] credibility ... because the determination of credibility is for the jury.” United States v. Zuno-Arce, 44 F.3d 1420, 1423 (9th Cir.1995); see also Shibley v. United States, 237 F.2d 327, 331 (9th Cir.1956) (“In the briefs, appellant has tried to point up certain minor inconsistencies in the testimony of [a witness], as if this Court were concerned with credibility. Of course we are not. This argument might have had weight with the jury, but it is out of place in an appellate brief.” (internal citation omitted)). Accordingly, Lence is not entitled to any perjury-related form of relief.