Professional Documents
Culture Documents
No. 11-4710
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
T. S. Ellis, III, Senior
District Judge. (1:10-cr-00384-TSE-1)
Submitted:
Decided:
PER CURIAM:
Luis
sentence
Alberto
imposed
Napan
following
appeals
his
the
twenty-seven-month
conviction
by
jury
of
of
justice
enhancement,
in
violation
of
United
We vacate and
findings
to
necessary
establish
willful
impediment
to,
or
United
Recently,
we
clarified
our
standard
for
articulating
such
findings,
Perez,
imposing
USSG
3C1.1
enhancement
for
false
Napans
points
and
testimony
was
contrary
to
Governments witnesses.
not
the
credible
as
testimony
to
the
provided
disputed
by
the
Although
not
provide
necessary element.
sufficient
basis
to
clearly
establish
each
v.
Quinn,
359
F.3d
666,
681
(4th
Cir.
2004).
We
imposing
the
USSG
3C1.1
enhancement
without
further
factfinding. *
The
Government
error is harmless.
838
(4th
district
Cir.
court
asserts
that
the
courts
procedural
2010)
(discussing
granted
Napan
standard).
substantial
Although
downward
the
variance
applied
an
equivalent
variance,
resulting
in
lower
Cf.
sentence
imposed
was
absolutely
the
appropriate
harmless.
We note that the district court did not have the benefit
of Perez at the time it sentenced Napan.
Accordingly,
we
vacate
the
sentence
and
remand
for
the
court
and
argument
would
not
aid
the
decisional
process.
VACATED AND REMANDED