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U.S. v. GALLIMORE

No. 06-3792.

491 F.3d 871 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Donald W. GALLIMORE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 25, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was David R. Mercer of Springfield, MO. Ann M. Koszuth of Springfield appeared on the brief.

Counsel who presented argument on behalf of the appellee was Robyn L. McKee, AUSA, of Springfield, MO.

Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

MURPHY, Circuit Judge.

Donald Gallimore pled guilty to retaliating against a grand jury witness in violation of 18 U.S.C. §§ 1513(b)(1) and (2). The district court1 found that his offense involved the obstruction of a criminal prosecution and applied a cross reference to the sentencing guideline for accessory after the fact offenses. Because a drug conspiracy was the underlying offense which was obstructed, application of the...

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