DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182454P.pdf 08/09/2019 United States v. David Ruelas-Carbajal
U.S. Court of Appeals Case No: 18-2454
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Beam and Shepherd, Circuit Judges]
Criminal case - Sentencing. Acquitted conduct may be considered by the
sentencing court so long as the conduct has been proved by a preponderance
of evidence, and the district court did not err in holding defendant
responsible for the drugs covered by the distribution count on which he
was acquitted; no error in imposing an obstruction of justice enhancement
under Guidelines Sec. 3C1.1 based on the court's finding defendant had
willfully testified falsely on material matters.