IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50625
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEROY HUDGINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-98-CR-20-1
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May 12, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Leroy Hudgins appeals the district court’s enhancement of
his sentence pursuant to U.S.S.G. § 3C1.1, upon a finding that he
perjured himself while testifying at his trial. We AFFIRM.
There is no merit to Hudgins’ contention that he was denied
the effective assistance of counsel as a result of the lack of an
objective standard applicable to such enhancements. See U.S.S.G.
§ 3C1.1, comment. (nn.1, 3(b)); United States v. Dunnigan, 507
U.S. 87, 92-96 (1993).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-50625
-2-
Hudgins contends that a defendant’s denial of guilt while
testifying at his trial should not be grounds for the
enhancement. This lacks merit because “a defendant’s right to
testify does not include a right to commit perjury.” Dunnigan,
507 U.S. at 96.
Hudgins asserts conclusionally that the district court’s
findings in support of the enhancement are legally insufficient.
Hudgins in effect has abandoned this claim by failing to brief
it. See Al-Ra’id v. Ingle, 69 F.3d 28, 33 (5th Cir. 1995).
AFFIRMED.