United States Fifth Circuit

Conviction and sentence for witness tampering are affirmed where: 1) conviction was based on sufficient evidence; 2) an objection to the application of a cross-reference to a sentencing guideline was waived; 3) the penalty provisions of the witness-tampering statute were correctly applied; and 4) the proper burden of proof was applied in determining sentence enhancements.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Alan Reeve Jackson (argued), Traci Lynne Kenner, Asst. U.S. Attys., Tyler, TX, for U.S., Robert Gerard Arrambide (argued), Sherman, TX, Amy R. Blalock, Asst. Fed. Pub. Def., Tyler, TX, for Salazar.