United States Sixth Circuit

An eight-level increase under USSG 2J1.2(b) (1) for causing or threatening physical injury against witnesses does not constitute improper double counting since defendant's base offense level under USSG 2J1.2(a) for obstruction of justice applies whether or not bodily injury occurs.

Appellate Information

• Decided 05/22/2001
• Published 05/22/2001

Judges

• Before SILER and MOORE, Circuit Judges;  STAGG, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Blas E. Serrano, Asst. U.S. Atty. (briefed), Cleveland, OH, for Plaintiff-Appellee., Lawrence J. Whitney, Sr. (briefed), Burdon & Merlitti, Akron, OH, for Defendant-Appellant.