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U.S. v. CALVERT

No. 06-30643.

511 F.3d 1237 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. John L. CALVERT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2008.

Attorney(s) appearing for the Case

Richard D. Wall, Esq., Spokane, WA, for the appellant.

Thomas O. Rice, Office of the United States Attorney, Spokane, WA, for the appellee.

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

Opinion by Judge LARSON; Concurrence by Judge B. FLETCHER.

LARSON, District Judge:

Today we resolve a sentencing guideline question left open in our decision in United States v. Smith: When someone is convicted of retaliating against a federal witness in violation of 18 U.S.C. § 1513(b), may the eight-level increase found in United States Sentencing Guidelines ("USSG") § 2J1.2(b)(1) (Nov. 2000) for...

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