United States Ninth Circuit

When someone is convicted of retaliating against a federal witness in violation of 18 U.S.C. section 1513(b), the eight-level increase found in U.S.S.G. section 2J1.2(b)(1) for an offense "causing or threatening to cause physical injury to a person...in order to obstruct the administration of justice" may be imposed even if no judicial proceeding was pending at the relevant time.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• Before:  B. FLETCHER and RONALD M. GOULD, Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard D. Wall, Esq., Spokane, WA, for the appellant.


• For Appellees:
  
• Thomas O. Rice, Office of the United States Attorney, Spokane, WA, for the appellee.