United States v. Susan Titlbach, 300 F.3d 919 (8th Cir. 2002). · Go Syfert
United States v. Susan Titlbach, 300 F.3d 919 (8th Cir. 2002). Cases Citing This Book View Copy Cite
“a defendant who commits perjury is subject to an obstruction enhancement under ussg 3c1.1.”
48 citation events (48 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Rubashkin (iand, 2010-06-21)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Rubashkin
N.D. Iowa · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a defendant who commits perjury is subject to an obstruction enhancement under ussg 3c1.1.
discussed Cited as authority (rule) United States v. Melissa Kivett
8th Cir. · 2021 · confidence medium
See United States v. Ault, 446 F.3d 821, 823 (8th Cir. 2006) (discussing relevant conduct for purposes of drug quantity determination); United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002) (standard of review).
discussed Cited as authority (rule) United States v. Waylon Young Bird
8th Cir. · 2020 · confidence medium
As to Young Bird’s sentence, we discern no error in the district court’s determination of the drug quantity, see United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002) (disturbing drug-quantity calculation only if entire record definitely and firmly convinces court a mistake has been made); see also U.S.S.G. § 2D1.1(c)(5); or application of a 2-level role enhancement, see United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (reviewing application of Guidelines de novo and findings of fact for clear error); see also U.S.S.G. § 3B1.1 cmt. n.2 (noting to qualify for role enhance…
discussed Cited as authority (rule) United States v. Giovany Guzman
8th Cir. · 2020 · confidence medium
We disturb the district court’s determination “only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002).
discussed Cited as authority (rule) United States v. Sultan Bismillah (2×) also: Cited "see"
8th Cir. · 2018 · confidence medium
We review for clear error the district court’s findings of fact regarding the drug quantity attributable to a defendant, disturbing the court’s determination “only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002).
discussed Cited as authority (rule) United States v. Flieger
8th Cir. · 2010 · confidence medium
See United States v. Boesen, 541 F.3d 838, 851-52 (8th Cir.2008) (reviewing district court’s factual findings for clear error and its application of advisory Guidelines de novo; affirming imposition of § 3C1.1 enhancement where district court found by preponderance of evidence that defendant willfully gave false testimony concerning material matter, rather than as result of confusion, mistake, or faulty memory); United States v. Titlbach, 300 F.3d 919, 924 (8th Cir.2002) (affirming imposition of § 3C1.1 enhancement where defendant’s testimony that he had not participated in methamphetami…
discussed Cited as authority (rule) United States v. Theresa Flieger
8th Cir. · 2010 · confidence medium
See United States v. Boesen, 541 F.3d 838, 851-52 (8th Cir. 2008) (reviewing district court’s factual findings for clear error and its application of advisory Guidelines de novo; affirming imposition of § 3C1.1 enhancement where district court found by preponderance of evidence that defendant willfully gave false testimony concerning -2- material matter, rather than as result of confusion, mistake, or faulty memory); United States v. Titlbach, 300 F.3d 919, 924 (8th Cir. 2002) (affirming imposition of § 3C1.1 enhancement where defendant’s testimony that he had not participated in methamp…
discussed Cited as authority (rule) United States v. Rodebaugh
8th Cir. · 2009 · confidence medium
See United States v. Webb, 545 F.3d 673, 677 (8th Cir.2008) (“A district court may impose a sentence based on a drug quantity determination greater than that found by the jury.”); United States v. Titlbach, 300 F.3d 919, 922 (8th Cir.2002) (no error when district court based sentencing calculation on a greater quantity of drugs than specified in special verdict form); see also United States v. Washburn, 444 F.3d 1007, 1014 (8th Cir.2006) (amount of loss reported by jury in special interrogatory not binding on court at sentencing).
discussed Cited as authority (rule) United States v. Rodney Rodebaugh (2×)
8th Cir. · 2009 · confidence medium
See United States v. Webb, 545 F.3d 673, 677 (8th Cir. 2008) (“A district court may impose a sentence based on a drug quantity determination greater than that found by the jury.”); United States v. Titlbach, 300 F.3d 919, 922 (8th Cir. 2002) (no error when district court based sentencing calculation on a greater quantity of drugs than specified in special verdict form); see also United States v. Washburn, 444 F.3d 1007, 1014 (8th Cir. 2006) (amount of loss reported by jury in special interrogatory not binding on court at sentencing).
discussed Cited as authority (rule) United States v. Ekueta Palega (2×)
8th Cir. · 2009 · confidence medium
This Court shall only disturb the sentencing court’s determination should the entire record “definitively and firmly convince[] us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002).
discussed Cited as authority (rule) United States v. Palega
8th Cir. · 2009 · confidence medium
This Court shall only disturb the sentencing court’s determination should the entire record “definitively and firmly convince[] us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Oscar Rodriguez Cisneros
8th Cir. · 2008 · confidence medium
See United States v. Carpenter, 422 F.3d 738, 748 (8th Cir.2005) (district court’s findings of fact regarding quantity of drugs attributed to defendant is reviewed for clear error); United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002) (court of appeals will disturb sentencing court’s drug-quantity calculation only if entire record definitely and firmly convinces court that mistake has been made); United States v. Dier-ling, 131 F.3d 722 , 736 (8th Cir.1997) (sentencing court’s credibility assessment is nearly unreviewable on appeal); see also United States v. Mickelson, 378 F.3d 8…
discussed Cited as authority (rule) United States v. Adrian Morin
8th Cir. · 2006 · confidence medium
“We can disturb the district court’s drug quantity calculation only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002). “[I]n a drug conspiracy, the district court may consider amounts from drug transactions in which the defendant was not directly involved if those dealings were part of the same course of conduct or scheme.” United States v. Mickelson, 378 F.3d 810, 821-22 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Adrian Morin
8th Cir. · 2006 · confidence medium
“We can disturb the district court’s drug quantity calculation only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002). “[I]n a drug conspiracy, the district court may consider amounts from drug transactions in which the defendant was not directly involved if those dealings were part of the same course of conduct or scheme.” United States v. Mickelson, 378 F.3d 810, 821-22 (8th Cir. 2004).
cited Cited as authority (rule) United States v. Leland Richard Vinton
8th Cir. · 2005 · confidence medium
We can disturb this determination “only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Leland Vinton
8th Cir. · 2005 · confidence medium
We can disturb this determination "only if the entire record definitely and firmly convinces us that a mistake has been made." United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002). -6- In a drug conspiracy, a defendant is held responsible for all reasonably foreseeable drug quantities that were within the scope of the criminal activity that he jointly undertook.
discussed Cited as authority (rule) United States v. Delton Lamon Alexander
8th Cir. · 2005 · confidence medium
“We can disturb the district court’s, drug quantity calculation only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002).
discussed Cited as authority (rule) United States v. Delton Alexander
8th Cir. · 2005 · confidence medium
“We can disturb the district court’s drug quantity calculation only if the entire record definitely and firmly convinces us that a mistake has been made.” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002).
discussed Cited as authority (rule) United States v. Derek D. Dabney
8th Cir. · 2004 · confidence medium
Because our review of the record does not “definitely and firmly convince[] us that a mistake has been made,” United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002), we conclude the district court’s drug quantity calculation was not clearly erroneous. 2.
discussed Cited as authority (rule) United States v. Derek D. Dabney
8th Cir. · 2004 · confidence medium
Because our review of the record does not "definitely and firmly convince[] us that a mistake has been made," United States v. Titibach, 300 F.3d 919, 923 (8th *1044 Cir.2002), we conclude the district court's drug quantity calculation was not clearly erroneous. 2.
discussed Cited as authority (rule) United States v. Alvin R. Allery, Jr.
8th Cir. · 2002 · confidence medium
See U.S.S.G. § 3C1.1, comment. (n.4(b) (perjury is conduct to which § 3C1.1 applies); United States v. Simms, 285 F.3d 1098, 1100 (8th Cir.2002) (standard of review), petition for cert. filed, (U.S. Oct. 16, 2002) (No. 02-6922); United States v. Titlbach, 300 F.3d 919, 924 (8th Cir.2002) (elements of perjury); United States v. Willis, 997 F.2d 407, 416 (8th Cir.1993) (sua sponte obstruction enhancement), cert, denied, 510 U.S. 1050 , 114 S.Ct. 704 , 126 L.Ed.2d 670 (1994).
cited Cited as authority (rule) United States v. Edward M. Stulock
8th Cir. · 2002 · confidence medium
United States v. Titlbach, 300 F.3d 919, 923-24 (8th Cir. 2002).
cited Cited as authority (rule) United States v. Edward M. Stulock
8th Cir. · 2002 · confidence medium
United States v. Titlbach, 300 F.3d 919, 923-24 (8th Cir.2002).
discussed Cited "see" United States v. Cory Phillips
8th Cir. · 2020 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002) (reviewing district court’s drug-quantity calculations for clear error; stating this court will disturb district court’s drug-quantity calculation only if entire record definitely and firmly convinces court that mistake has been made); United States v. Zimmer, 299 F.3d 710, 720 (8th Cir. 2002) (discussing when, in drug conspiracy cases, the district court may attribute to the defendant drug quantities from transactions in which the defendant was not directly involved).
cited Cited "see" United States v. Webb
8th Cir. · 2008 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 923 (8th Cir.2002) (reviewing for clear error the district court’s drug quantity determination).
cited Cited "see" United States v. Geno Webb
8th Cir. · 2008 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 923 (8th Cir. 2002) (reviewing for clear error the district court’s drug quantity determination).
discussed Cited "see" United States v. Robert Frederick Johnston, Jr. (2×)
8th Cir. · 2004 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 921-22 (8th Cir.2002) (affirming the district court's drug quantity determination of 172.03 grams of methamphetamine, even though the jury found the defendant guilty of a conspiracy involving fifty grams or less); United States v. Caldwell, 255 F.3d 532, 533 (8th Cir.2001) (per curiam) ("The use of a judicially determined drug quantity as a basis for sentencing is permissible ... so long as the defendant's sentence does not exceed the statutory maximum sentence available for an indeterminate amount of the drug." (citing United States v. Aguayo-Delga…
discussed Cited "see" United States v. Robert Johnston
8th Cir. · 2003 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 921-22 (8th Cir. 2002) (affirming the district court’s drug quantity determination of 172.03 grams of methamphetamine, even though the jury found the defendant guilty of a conspiracy involving fifty grams or less); United States v. Caldwell, 255 F.3d 532, 533 (8th Cir. 2001) (per curiam) (“The use of a judicially determined drug quantity as a basis for sentencing is permissible . . . so long as the defendant’s sentence does not exceed the statutory maximum sentence available for an indeterminate amount of the drug.” (citing United States v. …
cited Cited "see" United States of America, Cross-Appellant/appellee v. James Randall Sanders, Appellant/cross-Appellee
8th Cir. · 2003 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 921 (8th Cir.2002).
cited Cited "see" United States v. James R. Sanders
8th Cir. · 2003 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 921 (8th Cir. 2002).
discussed Cited "see" United States v. Ronald Titlbach
8th Cir. · 2003 · signal: see · confidence high
See 21 U.S.C. § 841 (a)(1), 841(b)(1)(C), 851 and 860. 4 We discussed additional facts, not relevant to this appeal, in the case of Titlbach’s former wife and co-defendant, Susan Titlbach, in United States v. Titlbach, 300 F.3d 919 (8th Cir. 2002). 5 Co-conspirator Kroeger was tried separately and convicted.
discussed Cited "see" United States v. Ronald Titlbach
8th Cir. · 2003 · signal: see · confidence high
See 21 U.S.C. § 841 (a)(1), 841(b)(1)(C), 851 and 860. 4 .We discussed additional facts, not relevant to this appeal, in the case of Titlbach’s former wife and co-defendant, Susan Titlbach, in United States v. Titlbach, 300 F.3d 919 (8th Cir.2002). 5 .
cited Cited "see" United States v. Robert L. Ferrara
8th Cir. · 2003 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 922 (8th Cir. 2002) (citing Harris v. United States, 536 U.S. 545 (2002)). -5- The judgment is affirmed.
cited Cited "see" United States v. Robert L. Ferrara
8th Cir. · 2003 · signal: see · confidence high
See United States v. Titlbach, 300 F.3d 919, 922 (8th Cir.2002) (citing Harris v. United States, 536 U.S. 545 , 122 S.Ct. 2406 , 153 L.Ed.2d 524 (2002)).
discussed Cited "see, e.g." United States v. Boesen
8th Cir. · 2008 · signal: see, e.g. · confidence medium
Asked by his counsel whether he performed the procedures at issue, Dr. Boesen testified, “yes, absolutely.” The district court found that this testimony was “fundamentally inconsistent with the jury verdict and the evidence in support of the verdict....” The court based the imposition of the § 3C1.1 enhancement on this one statement after finding, by a preponderance of the evidence, that “the defendant gave false testimony concerning a material matter with the willful intent to provide false testimony rather than as a result of confusion, mistake or faulty memory.” “We have repe…
discussed Cited "see, e.g." United States v. Peter Boesen
8th Cir. · 2008 · signal: see, e.g. · confidence medium
Asked by his counsel whether he performed the procedures at issue, Dr. Boesen testified, “yes, absolutely.” The district court found that this testimony was “fundamentally inconsistent with the jury verdict and the evidence in support of the verdict . . . .” The court based the imposition of the § 3C1.1 enhancement on this one statement after finding, by a preponderance of the evidence, that “the defendant gave false testimony concerning a material matter with the willful intent to provide false testimony rather than as a result of confusion, mistake or faulty memory.” “We have …
discussed Cited "see, e.g." United States v. Jay Todd Hessman
8th Cir. · 2007 · signal: see also · confidence medium
Id.; see also United States v. Titlbach, 300 F.3d 919, 922 (8th Cir. 2002) (sentence of 88 months, less than the statutory maximum for the crime, did not violate defendant’s constitutional rights.) -11- Hessman further contends that the district court erred by finding that he qualified as a career offender by virtue of the two 1997 drug convictions.
discussed Cited "see, e.g." United States v. Hessman
8th Cir. · 2007 · signal: see also · confidence medium
Id.; see also United States v. Titlbach, 300 F.3d 919, 922 (8th Cir.2002) (sentence of 88 months, less than the statutory maximum for the crime, did not violate defendant’s constitutional rights.) Hessman further contends that the district court erred by finding that he qualified as a career offender by virtue of the two 1997 drug convictions.
discussed Cited "see, e.g." United States v. Picanso
1st Cir. · 2003 · signal: see also · confidence medium
See United States v. Caba, 241 F.3d 98, 101 (1st Cir.2001); see also United States v. Titlbach, 300 F.3d 919, 922 (8th Cir.2002), cert. denied, 537 U.S. 1137 , 123 S.Ct. 926 , 154 L.Ed.2d 830 (2003); United States v. Smith, 308 F.3d 726, 744 (7th Cir.2002); United States v. Dennis, 271 F.3d 71, 73-74 (2d Cir.2001) (per curiam) (jury special interrogatories).
cited Cited "see, e.g." United States v. Karl Kessler
8th Cir. · 2003 · signal: see also · confidence medium
Id.; see also United States v. Titlbach, 300 F.3d 919, 923-24 (8th Cir. 2002).
cited Cited "see, e.g." United States v. Karl Kessler, United States of America v. Adele Hylback
8th Cir. · 2003 · signal: see also · confidence medium
Id.; see also United States v. Titlbach, 300 F.3d 919, 923-24 (8th Cir. 2002).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Susan TITLBACH, Defendant-Appellant
01-2761.
Court of Appeals for the Eighth Circuit.
Aug 22, 2002.
300 F.3d 919
Wallace L. Taylor, argued, Cedar Rapids, Iowa, for appellant., Stephanie M. Rose, Asst. U.S. Atty., argued, Cedar Rapids, Iowa, for appellee.
Loken, Gibson, Goldberg.
Cited by 43 opinions  |  Published
JOHN R. GIBSON, Circuit Judge.

Susan Titlbach appeals from the sentence imposed on her following her conviction for conspiracy to distribute less than 50 grams of a mixture or substance containing methamphetamine. See 21 U.S.C. §§ 841(a) and 846 (2000). Titlbach was sentenced to serve 88 months in prison, based in part on the district court’s [2] findings that Titlbach was involved in the manufacture or distribution of 172.03 grams of methamphetamine mixture and that she perjured herself at trial. On appeal, Titl-bach contends that her sentence cannot be based on a greater quantity of drugs than that found by the jury; that the district court’s finding as to drug quantity was clearly erroneous; and that the district court erred in enhancing her sentence for obstruction of justice. We affirm the sentence.

Susan Titlbach was tried for conspiracy together with Ron Titlbach, who was her husband at the time of the events in question. Ron Titlbach was clearly the leader of the conspiracy, as reflected by the jury’s verdict finding Ron responsible for conspiracy to manufacture as well as to distribute methamphetamine and finding him responsible for more than 50 grams of pure methamphetamine, whereas Susan was only convicted for less than 50 grams of a mixture.

The testimony at trial indicated that the Titlbachs were both methamphetamine users who cooked their own drugs at their house or wherever else they could find a suitable place. Ron was the head cook and Susan assisted as unskilled labor. She cleaned up after Ron, washing up glassware and the grinding machine used to pulverize precursor chemicals and burning trash from the manufacturing process; she chauffered him to buy or steal ingredients for the drugs; she obtained and ground up precursor chemicals; and she helped to put out the chemical fire he started in their kitchen. She also sold methamphetamine to several buyers. The Titlbachs were at the center of a meth-users community. Various friends would help with the manufacturing, and the Titlbachs would pay them in kind or would sell them drugs for cash or barter.

The district court sentenced Susan Titl-bach in accord with the Sentencing Guide- ' lines’ procedure, which required the court to determine what amount of drugs were involved as relevant conduct during the course of the conspiracy. See USSG § 1B1.3(a) (Nov. 2001). The court sifted through the pre-sentence investigation report and the testimony at trial, rejecting some incidents as not relevant to Susan’s offense, and determining that some other incidents were attributable to her, though she argued to the contrary. The court arrived at a total of 172.03 grams of a methamphetamine mixture, which equates[*922] to offense level 26 under the guidelines’ table. See USSG § 2D1.1(7) (Nov. 2001). The court also assessed a two-level increase in offense level for obstruction of justice, because the court found that Susan Titlbach had committed perjury at trial by categorically denying any involvement in the methamphetamine business, to the point of denying that she had ever shared methamphetamine with anyone. The result of the district court’s guidelines calculation was a range of 87 to 108 months. The court sentenced her to 88 months’ imprisonment, four years’ supervised release, and a special assessment of $100. The statutory maximum for distribution of an unspecified amount of methamphetamine is twenty years’ imprisonment. 21 U.S.C. § 841(b)(1)(C).

Susan Titlbach’s first argument on appeal is that it violated the principles of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), for the district court to base its sentencing calculation on a greater quantity of drugs than the jury specified in the special verdict form. This argument has no viability after the Supreme Court’s recent decision in Harris v. United States, — U.S. -, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002). There, the Court upheld a sentence based, in part, on the district court’s finding at sentencing that the defendant brandished a gun while committing the offense. The government had proceeded on the theory that brandishing was not an element of the crime and so did not include it in Harris’s indictment or prove it at trial. The district judge’s finding of brandishing rendered the defendant subject to a mandatory minimum sentence that would not have otherwise been applicable. The Supreme Court held that this sentencing procedure did not violate the defendant’s Fifth or Sixth Amendment rights because the sentence imposed fell within the maximum prescribed for the crime of which the defendant had been properly convicted:

If the grand jury has alleged, and the trial jury has found, all the facts necessary to impose the maximum, the barriers between government and defendant fall. The judge may select any sentence within the range, based on facts not alleged in the indictment or proved to the jury — even if those facts are specified by the legislature, and even if they persuade the judge to choose a much higher sentence than he or she otherwise would have imposed. That a fact affects the defendant’s sentence, even dramatically so, does not by itself make it an element.

122 S.Ct. at 2419 (plurality opinion of Kennedy, J.). [3] Our Circuit precedent correctly anticipated this holding. See, e.g., United States v. Aguayo-Delgado, 220 F.3d 926, 933 (8th Cir.), cert. denied, 531 U.S. 1026, 121 S.Ct. 600, 148 L.Ed.2d 513 (2000); United States v. Pollard, 249 F.3d 738, 739 (8th Cir.) (per curiam), cert. denied, - U.S. -, 122 S.Ct. 411, 151 L.Ed.2d 312 (2001).

Titlbach was indicted for conspiracy to distribute more than 50 grams of methamphetamine, but was found guilty by the jury of conspiracy to distribute less than 50 grams of methamphetamine mixture. The statutory maximum punishment for distribution of less than 50 grams is twenty years. 21 U.S.C. § 841(b)(1)(C). Titlbach received a sentence of only 88 months, which is less than the statutory maximum for her crime. This does not violate her constitutional rights.

[*923] Titlbach further attacks the district court’s drug quantity finding as clearly erroneous. We can disturb the sentencing court’s drug quantity calculation only if the entire record definitely and firmly convinces us that a mistake has been made. United States v. Sales, 25 F.3d 709, 711 (8th Cir.1994). Because Susan Titlbach was convicted of conspiracy, the drug quantity determination should take into account all acts occurring during her participation in the conspiracy that were known or reasonably foreseeable to her. United States v. Atkins, 250 F.3d 1203, 1211-12 (8th Cir.2001). Where exact figures are not available, the court perforce must estimate. Id. at 1212 (citing USSG § 2D1.1, comment, n. 12).

The district court based the quantity calculation on four episodes or series of acts in which Susan actually participated or in which circumstances support the inference that she would have known of the transaction. First, the court summarized Susan’s involvement in methamphetamine manufacturing at Robert Symonds’ place. Ron Titlbach sometimes went out to Sy-monds’ house in the country to make methamphetamine in the garage. Sy-monds himself testified that Ron used his house at least five times, and Susan came out almost every time to help Ron with such chores as grinding up ephedrine pills. Barb Frondle said she saw Ron cooking at Symonds’ house as many as eleven times, and that Susan was there as many as eight times, cleaning up the equipment used for making the drugs. Symonds’ neighbor, Janet Orr, testified that she frequently saw Ron Titlbach and a woman bringing things back and forth from Symonds’ house to a white van in the middle of the night and that she saw people at Symonds’ house burning explosive things in a barrel. (Susan drove a white van, and the manufacturing process for methamphetamine involves use of aerosol cans and explosive chemicals.) Symonds said that when Ron cooked, he usually made an ounce or ounce and a half of methamphetamine. The court attributed 4.5 ounces, or 127.57 grams, of methamphetamine mixture to Susan from the Symonds’ place product. This is a conservative estimate.

Next, the court held Susan responsible for 12.61 grams that Ron sold to Lloyd Cinkan in the Sun-Mart parking lot. Susan circled the parking lot in her van during the deal. The district court considered the meaning of Susan’s presence and concluded that she was keeping a look-out during the deal. This conclusion, though not the only one that could be drawn from the evidence, is a permissible interpretation.

Next, the court considered testimony from a convenience store clerk that Susan accompanied Ron on a buying trip to purchase a case of ephedrine pills, which are a precursor ingredient for methamphetamine. The court found that this would produce about 28.35 grams of methamphetamine mixture.

Finally, the court added three and a half grams representing the methamphetamine sold to Albert McMurrin from the Titlbach house. The connection between Susan Titlbach and this transaction was not explicit, but the court stated that this last amount was too small to affect the guidelines range.

We have reviewed the district court’s findings and the record supporting them, and we see nothing suggesting clear error. Titlbach’s arguments urge us to overturn the district court’s credibility determinations, which are well-nigh unreviewable. Atkins, 250 F.3d at 1213.

Titlbach’s last argument is that the district court erred in adding two points for obstruction of justice because the court found that Titlbach willfully lied when she testified that she had nothing to[*924] do with Ron’s methamphetamines business and had never even shared methamphetamine with anyone else. A defendant who commits perjury is subject to an obstruction enhancement under USSG § 3C1.1. United States v. Dunnigan, 507 U.S. 87, 92-93, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993). A defendant commits perjury if he testifies falsely under oath in regard to a material matter and does so willfully, rather than out of confusion, mistake, or faulty memory. Id. at 94, 113 S.Ct. 1111; United States v. Chadwick, 44 F.3d 713, 715 (8th Cir.1995) (per curiam). We review the district court’s finding of obstruction for clear error. United States v. Hollings-worth, 257 F.3d 871, 879 (8th Cir.2001), cert. denied, — U.S.-, 122 S.Ct. 856, 151 L.Ed.2d 732 (2002), overruled on other ground, United States v. Diaz, 296 F.3d 680 (8th Cir.2002) (en banc). At trial, Titlbach denied involvement in the methamphetamine manufacturing activities that other witnesses said she participated in, such as cleaning glassware used for manufacturing, taking out the garbage from the manufacturing process, collecting money, and driving Ron to collect ingredients. At one point, she denied sharing any methamphetamine with anyone. Titlbach’s testimony conflicts with that of many other witnesses who testified that she was actively involved in the manufacture and distribution of the drugs. The district court specifically found that Titlbach committed perjury, that her denial of involvement with methamphetamine was willful, and that it was material. The district court’s finding that Titlbach committed perjury was not clearly erroneous, and it was sufficient to support the two-point enhancement.

We affirm the sentence imposed.

2

. The Honorable Michael J. Melloy, who at the time of trial and sentencing was United States District Judge for the Northern District of Iowa. Judge Melloy has since become a Circuit Judge of this Court.

3

. Justice Breyer concurred in the judgment in Harris, even though he believes judges ought to be able to apply sentencing factors even to increase a sentence beyond the statutory maximum. 122 S.Ct. at 2420-21.