Whether the obstruction-of-justice enhancement under the U.S. Sentencing Guidelines can apply when a defendant testifies at trial and repeats the falsehoods charged in the indictment

QUESTION PRESENTED 1. The United States Sentencing Guidelines permit a two-point increase in offense level if the defendant obstructed or impeded the administration of justice, including by committing perjury. U.S.S.G. §3C1.1. In some cases, including those where the defendant was charged with perjury, application of the enhancement requires a finding that the defendant committed a “significant further obstruction.” Id., Application Note 7. Can this enhancement apply in a false-statements case where the defendant testified at trial and repeated the falsehoods charged in the indictment? 1