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U.S. v. BAUM

United States District Court, S.D. New York


December 14, 2004.

UNITED STATES OF AMERICA,
v.
NINA BAUM a/k/a Nina Best, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The defendant is hereby notified that the Court will consider an upward adjustment under the Sentencing Guidelines for obstruction of justice and, in the alternative, an upward departure based upon:

(a) Possible perjury by the defendant at the hearing on November 9, 2004 with respect to whether defendant knew that she was obliged to appear on November 3, 2004 for a presentence interview (see, e.g., Tr., Nov. 9, 2004, 45:15-16, 49:18-19, 50:17-51:17, 52:13-16, 54:8).

  (b) Defendant's failures to appear as directed on December 17 and 19, 2003.

  (c) Defendant's failure to appear for her presentence interview on November 3, 2004.

  (d) Defendant's possible misrepresentations to the Court on a number of occasions in which she claimed in substance that David Stern, Esq., had failed or refused to turn over or make available all or parts of the file concerning defendant's case to defendant or attorneys acting or considering acting on her behalf.

  SO ORDERED.

20041214

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