United States v. Grayson

438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978)

Facts

Grayson (D) was on trial for distributing a controlled substance. He made several false statements during the trial. The jury found D guilty. In preparation for sentencing, the United States (P) Probation Office prepared a presentence report to give to the judge. At the sentencing hearing, the judge gave D two years imprisonment. He stated his reasoning for giving the imposed sentence, and one reason was D's fabrication at trial. D appealed, and the Court of Appeals vacated the sentence, stating that D should be resentenced without consideration of the false testimony.