United States District Court, S.D. New York
December 14, 2004.
UNITED STATES OF AMERICA,
NINA BAUM a/k/a Nina Best, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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