GREGORY, Circuit Judge:
In this case, a criminal defendant challenges his sentence for a drug conspiracy conviction, arguing that the district court erroneously denied his request for new counsel and improperly imposed an obstruction of justice sentencing enhancement. For the reasons that follow, we affirm the denial of Perez's motion for new counsel, but reverse and remand the case for resentencing because the district court did not find the necessary factual predicates to impose an obstruction of justice enhancement.
Appellant, Jose Luis Jaime Perez, was convicted of conspiracy to manufacture, distribute, and possess with intent to distribute more than five kilograms of cocaine in violation of 21 U.S.C. § 846 (2006). After his conviction but before sentencing, Perez moved to have the district court appoint him new counsel. The district court, which had previously appointed him new counsel before trial, denied Perez's motion without a hearing. At the sentencing hearing, the court heard from Perez on his reasons for filing the motion. Perez said that he was unhappy with his attorney's level of preparation and that his attorney did not visit him often enough. The court found that Perez's attorney's performance was above average and that Perez would be better off if he were represented by someone who was familiar with his case. It denied the motion for a second time.
At the same hearing, defense counsel objected to the presentence report's recommendations, arguing that the trial testimony did not support either the drug weight attributed to Perez or the two-level
Second, the court said:
The court also sustained defense counsel's objection to the aggravated role enhancement, overruled the objection as to drug weight, and sua sponte reduced Perez's criminal history by two points. The modifications led to an advisory sentence of 262 to 327 months, and the court sentenced Perez to 262 months. Perez timely appealed.
Perez argues that the district court improperly denied his motion for new counsel. This Court reviews a district court's ruling on a motion to substitute counsel for abuse of discretion. United States v. Reevey, 364 F.3d 151, 156 (4th Cir.2004) (citing United States v. Corporan-Cuevas, 35 F.3d 953, 956 (4th Cir. 1994)).
The Sixth Amendment protects the right of an indigent defendant to be represented by counsel. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). That right, however, is not absolute; it cannot "deprive courts of the exercise of their inherent power to control the administration of justice." United States v. Gallop, 838 F.2d 105, 107 (4th Cir.1988). An indigent defendant "can demand a different appointed lawyer only with good cause." Id. In determining whether a district court abused its discretion in denying a motion for new counsel, the Fourth Circuit considers three factors: the "timeliness of the motion; the adequacy of the court's inquiry into the defendant's complaint; and whether the attorney/client conflict was so great that it resulted in a total lack of communication preventing an adequate defense." Id. The appellate court then weighs these factors against the district court's interest in the "orderly administration of justice." Reevey, 364 F.3d at 156.
With respect to the first factor, Perez delayed in bringing his motion. He was convicted on September 16, 2008, and had his sentencing hearing scheduled for February 2, 2009, but did not request new counsel until January 22. That is, he waited
Weighing these factors against the district court's interest in efficiently administering justice, we find that the court correctly denied Perez's motion.
Perez next contends that the district court improperly applied a two-level enhancement for obstruction of justice. We agree.
The appellate courts conduct a reasonableness inquiry coupled with an abuse-of-discretion standard of review to determine whether a sentence imposed by a district court was proper. Gall v. United States, 552 U.S. 38, 46, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Carter, 564 F.3d 325, 328 (4th Cir.2009). Unreasonableness has both substantive and procedural elements. Gall, 552 U.S. at 51, 128 S.Ct. 586. Substantive unreasonableness "[e]xamines the totality of the circumstances to see whether the sentencing court abused its discretion. . . ." United States v. Mendoza-Mendoza, 597 F.3d 212, 216 (4th Cir.2010). Procedural unreasonableness "evaluates the method used to determine a defendant's sentence." Id.
There are three elements necessary to impose a two-level enhancement for obstruction of justice based on the defendant's perjurious testimony: the sentencing court must find that the defendant "(1) gave false testimony; (2) concerning a material matter; (3) with willful intent to deceive. . . ." United States v. Jones, 308 F.3d 425, 428 n. 2 (4th Cir.2002). In United States v. Dunnigan, the Supreme Court considered whether an enhancement based on perjury unconstitutionally undermines the right to testify in one's own defense. 507 U.S. 87, 96, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993). Answering in the negative, the Court noted that "not every accused who testifies at trial and is convicted will incur an enhanced sentence." Id. at 95, 113 S.Ct. 1111. A defendant could, for example, give false testimony about a non-material matter, or he might
At issue here is the degree of specificity Dunnigan requires as to each of the elements of perjury—how specific, in other words, the finding that "encompasses all the factual predicates" for perjury must be. The Supreme Court's opinion in Dunnigan stands for the proposition that a mere statement that the defendant committed perjury is insufficient; otherwise, the "encompassing all of the factual predicates" language would be meaningless. Consistent with this reasoning, in United States v. Smith, 62 F.3d 641, 647 (4th Cir.1995), this Court overturned a finding of perjury when the district court summarily denied the defendant's objection to the sentencing enhancement. But the application of Dunnigan in this Circuit has not always been so clear-cut. In United States v. Quinn, 359 F.3d 666, 681 (4th Cir.2004), we affirmed an obstruction of justice enhancement for perjury even though the district court did not specifically find that the false testimony was material, but did provide sufficient explanation to permit this Court to conclude that it was. And in United States v. Cook, 76 F.3d 596, 605-06 (4th Cir.1996), we upheld an obstruction of justice enhancement based on the district court's finding that the defendant did not testify truthfully and that his testimony was "strained."
To date, we have not provided a great deal of guidance to the district courts in applying Dunnigan, but we resolve to do so today. If a district court does not make a specific finding as to each element of perjury, it must provide a finding that clearly establishes each of the three elements. With respect to willfulness, for example, it would, in the usual case, be enough for the court to say, "The defendant knew that his testimony was false when he gave it," but it could not simply assert, "The third element is satisfied." While some may suggest this is little more than an empty formality, we believe it serves a vital purpose. Factual findings are reviewed under the deferential abuse-of-discretion standard, and requiring district courts to clearly articulate the findings necessary to reach a legal conclusion preserves our ability to conduct meaningful appellate review.
Here, the district court did not make the requisite finding to establish that Perez engaged in obstruction of justice. It is true that the court found Perez's testimony was false when it said, "Accordingly, the jury determined that [Perez] did not testify truthfully at trial. . . ." However, there was no indication that the false testimony concerned a material matter or that it was willfully given. And while one might argue that materiality was clearly established here, the district court made no finding as to willfulness. Even in Cook—an opinion that admittedly pushes up against the limits established in Dunnigan—the district court made a statement strongly suggesting that the defendant willfully gave false testimony. Cook, 76 F.3d at 605-06. Here, in contrast, the
For the foregoing reasons, we affirm the denial of Appellant's request for new counsel, reverse the imposition of the obstruction of justice enhancement, and remand the case for resentencing.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED