United States v. Wiley

84 F. App'x 614
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 15, 2003
DocketNo. 02-6535
StatusPublished

This text of 84 F. App'x 614 (United States v. Wiley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Wiley, 84 F. App'x 614 (6th Cir. 2003).

Opinion

ORDER

Arneatha Wiley, represented by counsel, appeals her judgment of conviction and sentence. The parties have expressly waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

In April 2001, Wiley was indicted by a federal grand jury. Thereafter, Wiley filed a motion to suppress certain statements and physical evidence. The district court held a suppression hearing. Wiley testified that she had not been apprised of her rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and that she had been tricked into signing a consent to search form that was filed in after she had signed it. Wiley’s [615]*615testimony was contradicted by special agent Timothy Frank, among other witnesses. Thereafter, Judge Donald made the following findings:

The Court has to weigh the credibility of all of the witnesses in this case and in this instance the Court finds Ms. Wiley’s testimony on the significant points to be not credible. The Court attaches greater credibility to the testimony of Officer Frank and finds that notwithstanding the mistake in the case report, Ms. Wiley was provided her Miranda warnings prior to the questioning and subsequent search.
The Court further finds that Ms. Wiley was provided a Consent to Search form, that she was explained [sic] what that was, and then after being explained [sic] the form, that she signed it and provide [sic] the officers consent to search.
The Court further finds based on the testimony of Officer Eose and Sergeant Thomas, who [sic] the Court finds credible, that Mr. [sic] Wiley did not timely revoke her consent.

(J.A. 66-69, 92.) Judge Donald then denied Whey’s motion to suppress.

After a jury returned guilty verdicts against Whey on multiple counts of fraud and mail fraud, Judge Nixon (who had presided over the trial) conducted the sentencing hearing. During the hearing, the government argued that Whey should receive a two-level enhancement based on allegedly perjurious statements she had made at the suppression hearing before Judge Donald. See J.A. at 96-97 (“Her statements [at the suppression hearing] were that any consent form that she had, she was given, that the agents put their hand over the paper and she didn’t know what she was consenting to; secondly, that she did not give consent to search her vehicle; and furthermore, that the search of the home and the car were without her permission. There was also a statement that ... all these actions were done or that a lot of the actions were done in front of her children and her mother.”). The government further argued that these statements were material because their purpose was to get the court to suppress evidence. The government then cited to Judge Donald’s finding that Wiley’s testimony was “not credible.” (J.A. 97.) In response, Wiley argued that Judge Donald found only that the government’s witnesses were more credible than Wiley, and never identified specific instances of material testimony that was perjurious. In adopting the two point enhancement, Judge Nixon summarily concluded that Judge Donald had “made the finding that the officers were telling the truth, that the defendant was not telling the truth, it was a material fact.” He therefore left the presentence report as it was and sentenced Wiley to twenty months of imprisonment.

This court employs a clearly erroneous standard to review the district court’s factual determination that a defendant’s conduct obstructed justice, but reviews de novo whether that conduct actually amounts to obstruction of justice within the meaning of the guideline. See United States v. Boyd, 312 F.3d 213, 217 (6th Cir.2002); United States v. Nesbitt, 90 F.3d 164, 168 (6th Cir.1996). Under USSG § 3C1.1, a sentencing court is obligated to increase the defendant’s offense level by two if “the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense.” The commentary to that guideline provides that “committing, suborning, or attempting suborn perjury” is within the scope of conduct requiring sentence enhancement. See USSG § 3C1.1, comment. (n.3(b)); [616]*616United States v. Sassanelli, 118 F.3d 495, 500 (6th Cir.1997). Moreover, the district court must identify the testimony which it finds to be false and make a finding that encompasses all of the factual predicates for a finding of perjury before the enhancement may be applied. See Sassanelli, 118 F.3d at 501; United States v. Spears, 49 F.3d 1136, 1143 (6th Cir.1995), abrogated on other grounds, United States v. Wells, 519 U.S. 482, 117 S.Ct. 921, 137 L.Ed.2d 107 (1997). This Court, however, has not insisted on strict adherence to this rule, “so long as the record below is sufficiently clear to indicate those statements that the district court considered to be perjurious and that the district court found that those statements satisfied each element of perjury.” Sassanelli, 118 F.3d at 501.

Based on these standards, Judge Nixon’s adoption of the two point enhancement was erroneous. The record is clear that Judge Donald’s relevant finding at the suppression hearing was limited to the conclusion that Wiley’s testimony was “not credible.” In the context of imposing a two-point enhancement pursuant to U.S.S.G. § 3C1.1, however, “[i]t is not enough for a sentencing judge to recognize conflicting testimony and resolve in his own mind which witness is credible.” Spears, 49 F.3d at 1143 (6th Cir.1995). Rather, “the sentencing judge must identify for the record at least some specific instances of conflicting testimony and specify which portions of the defendant’s testimony he finds materially perjurious.” Id. The judge also must explain “at least briefly ... why the intentional perjury was material.” Id.See also United States v. Dunnigan, 507 U.S. 87, 95, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993) (holding that “a district court must review the evidence and make independent findings necessary to establish a willful impediment to or obstruction of justice, or an attempt to do the same.... When doing so, it is preferable for a district court to address each element of the alleged perjury in a separate and clear finding.”) Only such specific findings “provide a meaningful record for appellate review.” United States v. McRae, 156 F.3d 708, 713 (6th Cir.1998).

Judge Nixon failed to identify any instances of conflicting testimony. Even the government, when arguing in favor of the enhancement, failed to point out specific instances of conflicting testimony.

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
United States v. Dunnigan
507 U.S. 87 (Supreme Court, 1993)
United States v. James B. Spears
49 F.3d 1136 (Sixth Circuit, 1995)
United States v. William D. Sassanelli
118 F.3d 495 (Sixth Circuit, 1997)
United States v. George M. Parrott
148 F.3d 629 (Sixth Circuit, 1998)
United States v. Harold McRae
156 F.3d 708 (Sixth Circuit, 1998)
United States v. Robert Paul Boyd
312 F.3d 213 (Sixth Circuit, 2002)
United States v. Wells
519 U.S. 482 (Supreme Court, 1997)

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Bluebook (online)
84 F. App'x 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wiley-ca6-2003.