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U.S. v. SMITH

No. 03-30482.

387 F.3d 826 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Kim Renee SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2004.

Attorney(s) appearing for the Case

Jeremy S. Yellin, Havre, MT, for the defendant-appellant.

Joseph E. Thaggard, Assistant United States Attorney, Great Falls, MT, for the plaintiff-appellee.

Before: B. FLETCHER, HAMILTON, and BERZON, Circuit Judges.

B. FLETCHER, Circuit Judge:

Kim Renee Smith ("Smith") was convicted of retaliating against a federal witness in violation of 18 U.S.C. § 1513(b)(2). She appeals her conviction and thirty-three month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm Smith's conviction but remand for re-sentencing.

I.

Smith is an enrolled member of the Blackfeet Indian tribe who grew up on the Blackfeet reservation in Browning, Montana...

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