No. 06-1108.

591 F.3d 1279 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Wendel R. WARDELL, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs.

Mark D. Jarmie, Jarmie & Associates, Albuquerque, NM, for the Defendant-Appellant.

Troy A. Eid, United States Attorney, Matthew Kirsch, Assistant United States Attorney, James C. Murphy, Assistant United States Attorney, Denver, CO, for the Plaintiff-Appellee.

Before MURPHY, BALDOCK, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Defendant Wendel R. Wardell, Jr., was charged, along with three codefendants, with (1) conspiring to retaliate against a witness, in violation of 18 U.S.C. § 1513(b)(1) and § 371 (2005),1 and (2) retaliating against a witness, in violation of 18 U.S.C. § 1513(b)(1), and aiding and abetting the commission of this crime, in violation of 18 U.S.C. § 2. The testimony of the witness in question, Jessie...

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