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Second Circuit – Sentencing enhancement: United States v. Orelien
Daily Record Staff//December 5, 2024//
Second Circuit – Sentencing enhancement: United States v. Orelien
Daily Record Staff//December 5, 2024//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Sentencing enhancement
Obstruction of justice – Willful intent
23-6175-cr
Judges Newman, Merriam, and Katzmann
Background: The defendant appealed from his conviction and sentencing for Hobbs Act offenses based on robbing a woman of proceeds from her prostitution business.
Ruling: The Second Circuit affirmed the convictions but vacated the obstruction of justice enhancement. The court remanded for a finding as to whether the defendant acted with willful intent to provide false testimony, rather than as a result of confusion, mistake, or faulty memory.
Robert P. Preuss, for the defendant-appellant; Kevin Mead, assistant United States attorney, for the appellee.
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