United States Sixth Circuit

Pre-investigation threats to a victim cannot satisfy the temporal element of U.S.S.G. section 3C1.1, an enhancement for obstruction of justice; enhancement based on obstructive conduct occurring after the investigation and prosecution began is affirmed.

Appellate Information

• Argued 02/07/2003
• Decided 08/28/2003
• Published 08/28/2003

Judges

• Before DAUGHTREY and COLE, Circuit Judges;  SARGUS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Tracy L. Berry (argued and briefed), Assistant United States Attorney, Memphis, TN, for Plaintiff-Appellee., Stephen B. Shankman (briefed), Needum L. Germany (argued), Office of the Federal Public Defender for Western District of Tennessee, Memphis, TN, for Defendant-Appellant.