By: Derek Hawkins//November 1, 2016//
7th Circuit Court of Appeals
Case Name: United States of America v. Oscar Rash
Case No.: 16-1672
Officials: BAUER, FLAUM, and KANNE, Circuit Judges.
Focus: False Testimony – Obstruction
Oscar Rash, who was convicted of possessing a firearm as a felon, see 18 U.S.C. § 922(g)(1), challenges the district court’s decision to apply a two-level upward adjustment for obstruction of justice. At his trial Rash had conceded to possessing the gun, but the district court found at sentencing that he had also deceptively downplayed his involvement with the gun. Rash argues that, because he conceded possession, his false testimony about his connection to the gun was immaterial to his conviction. But because the district court reasonably concluded that Rash’s lie could have misled the jury to acquit him, the lie was material and the adjustment for obstruction was proper. Therefore we affirm.
Affirmed