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US v. Williams, No. 09-10091

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By FindLaw Staff on December 08, 2010 11:44 AM

Assault on U.S. Marshals Conviction Affirmed

In US v. Williams, No. 09-10091, the court affirmed defendant's conviction for forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with three U.S. Marshals, holding that the instruction read by the district court provided a correct statement of the law about the standard of proof required to convict.  However, the court vacated defendant's sentence where it was erroneous to award a reduction for acceptance of responsibility because defendant denied guilt in the face of evidence to the contrary.

 

As the court wrote:  "The central issue in this appeal by the government is whether the district
court erred when it reduced Tywan Williams's sentence for acceptance of responsibility after he withdrew his plea of guilty, declared at trial that he was factually innocent, and was found guilty by a jury. The government also argues that Williams's sentence should have been enhanced for obstruction of justice because he committed perjury."

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