Mejia-Belloso

United States v. Mejia-Belloso

Good Law
172 F. App'x 757
United States Court of Appeals for the Ninth CircuitMarch 27, 2006No. 05-50400California349 words

Opinion

Lead Opinion

MEMORANDUM ***

Patricia Mejia-Belloso appeals her conviction for violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1) and prison sentence of twenty-seven months followed by three years of supervised release.

Mejia appeals the district court’s refusal to allow into evidence a Mexican newspaper article reporting the subsequent arrest of her boyfriend several months following her arrest, when he was caught in a mobile methamphetamine laboratory. It was not an abuse of discretion for the district court to refuse to admit the evidence. See United States v. Vaandering, 50 F.3d 696, 704 (9th Cir.1995).

Mejia also appeals the district court’s upward adjustment to her sentence for obstruction of justice under § 3C1.1 of the United States Sentencing Guidelines.

To support a finding that Mejia committed perjury, the record must show that she provided “false testimony concerning a material matter with the willful intent to provide false testimony.” United States v. Dunnigan, 507 U.S. 87, 94 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) (citations omitted). In making a finding of perjury, the district court must, at a minimum, make “a finding of an obstruction of, or impediment to, justice that…

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.