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U.S. v. McQUEEN

No. 94-4701.

86 F.3d 180 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Darrell McQUEEN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 20, 1996.

Attorney(s) appearing for the Case

Vincent J. Flynn, Coconut Grove, FL, Scott A. Srebnick, Miami, FL, for defendant-appellant.

Kendall Coffey, U.S. Attorney, Linda Collins Hertz, Harriet R. Galvin, Madeline R. Shirley, Miami, FL, Thomas A. Blair, Asst. U.S. Atty., Ft. Pierce, FL, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, and RONEY and PHILLIPS, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

The United States appeals the sentence imposed on defendant Darrell McQueen after his conviction for tampering with a witness. 18 U.S.C. § 1512(b)(3). The sentencing guidelines provide that the ultimate offense level for the crime of tampering with a witness (obstruction of justice) is set by referring to the underlying crime that the defendant was trying to obstruct. This may result in a higher base level than that provided for just...

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