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Fibbing to Get a Lawyer: Circuits Split on Punishment (CRS Report for Congress)

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Release Date Revised Nov. 27, 2017
Report Number LSB10031
Report Type Legal Sidebar
Authors Charles Doyle
Source Agency Congressional Research Service
Older Revisions
  • Premium   Nov. 7, 2017 (2 pages, $24.95) add
Summary:

The lower federal appellate courts do not agree on whether a defendant’s sentence may be increased because he lied in order to become eligible for a court-appointed attorney. The United States Court of Appeals for the Fifth Circuit (Fifth Circuit) in United States v. Iverson recently joined the Ninth and Eleventh Circuits when it upheld a sentencing enhancement recommended in the U.S. Sentencing Guidelines. The Second Circuit has taken a different view.