Professional Documents
Culture Documents
No. 10-5319
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:10-cr-00011-WO-1)
Submitted:
Decided:
November 4, 2011
PER CURIAM:
Leonardo
Hector
Rosado
was
charged
with
possession
and
the
imprisonment.
district
court
sentenced
him
to
121
months
We affirm.
erred
in
giving
the
jury
an
Allen *
charge
instead
of
United
An Allen
be
reached,
and
that
all
jurors
should
the
United States
consider
in
accord
such
great
matters
deference
because
the
to
the
judge
trial
is
in
judges
the
best
Renico v. Lett,
130
district
S.
Ct.
1855,
1863
(2010).
Here,
the
court
Because
decision
to
issue
an
Allen
charge
rather
than
to
not
enhancement
support
such
was
inappropriate
because
an
enhancement.
When
the
evidence
reviewing
the
2010).
U.S.S.G. 3C1.1.
obstruction.
Id.
at
cmt.
obstruction
enhancement
based
n.4(b).
upon
Application
perjurious
trial
of
the
testimony
as
result
of
confusion,
mistake,
or
faulty
memory).
United States v. Jones, 308 F.3d 425, 428 n.2 (4th Cir. 2002).
The
sentencing
perjurious
element
court
statements
of
perjury
also
and
or
must
make
that
specifically
finding
encompasses
identify
either
all
of
as
the
to
the
each
factual
that the district court did not err in finding certain portions
of Rosados trial testimony constituted obstruction of justice
under these standards.
Lastly,
substantively
sentence
contends
unreasonable.
for
standard.
Rosado
We
reasonableness
that
review
under
an
his
a
sentence
district
is
courts
abuse-of-discretion
also United States v. Pauley, 511 F.3d 468, 473-74 (4th Cir.
2007).
Upon
significant
ensuring
procedural
that
the
errors,
we
sentencing
consider
court
the
made
no
substantive
totality
of
the
Gall,
circumstances.
552
U.S.
at
51.
We
3553(a) factors.
Court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED