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Criminal Law Keyed to Osler
United States v. Rash
Citation:840 F.3d 462 (7th Cir. 2016)
In 2007 the police caught the defendant, who was a convicted felon, with a gun. Defendant was arrested and during the interview he said that the gun belonged to his girlfriend and said that she left the gun at his house and was returning it to her because he knew that he was not allowed to have a gun. Defendant was still convicted by a jury and at sentencing, the judge applied a two-level enhancement for perjury, due to the defendant’s testimony that he was with his girlfriend when she purchased the gun but was uninterested and looking at other things at the store directly conflicted with video surveillance of the store showing that to be false. However, that enhancement did not matter because there was a mandatory minimum of 15 years for the crime the defendant was convicted of.
At defendant’s re-sentencing, in light of the removed mandatory minimum statute, each side argued regarding the enhanced sentence due to perjury. Defendant argued that his statement regarding his role in the gun store was not material because he admitted at trial that he had possession of the gun. The government argued that it was material because it minimized his connection to the gun in an effort to obtain jury nullification regardless of his admission to possession. The district court agreed with the government and applied the enhanced sentence.
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