U.S. v. HALLIDAY

No. 10-4200.

665 F.3d 1219 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jordan HALLIDAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 2011.


Attorney(s) appearing for the Case

Scott Keith Wilson , Assistant Federal Public Defender ( Steven B. Killpack , Federal Public Defender, and Kent R. Hart , Assistant Federal Public Defender, on the brief), Salt Lake City, Utah, for Defendant-Appellant.

Diana Hagen , Assistant United States Attorney ( Carlie Christensen , United States Attorney, with her on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and EBEL, Circuit Judges.


BALDOCK, Circuit Judge.

Defendant challenges his sentence for criminal contempt for refusing to testify before a grand jury. The sentencing guideline provision for contempt requires the district court to "apply the most analogous offense guideline." The district court in this case applied the guideline for obstruction of justice. Defendant argues the district court should have applied the provision for failure to appear as a material witness. He also challenges his...

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