Sentencing/Sentencing Guidelines – A court may consider a defendant’s false testimony as a factor under 18 U.S.C. § 3553(a) without inquiring whether it warrants an enhancement for obstruction of justice under U.S.S.G. § 3C1.1.
Maria Soly Almonte appealed her 20-year sentence for sex trafficking, arguing that her sentence was procedurally unreasonable because the sentencing court considered her false testimony at trial as a § 3553(a) factor without finding that she obstructed justice under § 3C1.1.
The Second Circuit affirmed the sentence, noting that neither probation nor the Government had recommended an enhancement under § 3C1.1 and holding that the district court was not required to “sua sponte consider every conceivably applicable guideline.” In contrast, the language of § 3553(a) dictates that court’s “shall consider” certain factors relating to the defendant and the offense.
Appeal from the Southern District of New York
Opinion by Katzmann, joined by KEarse and Bianco
Click here to read the opinion.