United States v. Dunnigan

507 U.S. 87 (1993)

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Nature of the Case

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Facts

D was indicted for conspiracy to distribute cocaine. She pled not guilty and then stood trial. There were five defense witnesses presented all of whom implicated D for the criminal conduct charged. D took the stand, denied it all, and even denied that some of the witnesses had been in her house. The government then rebutted with the testimony of a new witness who testified about buying crack cocaine at her house, and this transaction was monitored by the police. D was found guilty. D's base offense level was 22 but that was increased two levels because D perjured herself at trial. D was sentenced on the enhanced offense level to the low end of the enhanced level but it was actually the very high end of the unenhanced level. D appealed. The Court of Appeals reversed; every defendant who takes the stand and is convicted would be given obstruction of justice enhancement.