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U.S. v. STOKER

No. 11-60754.

706 F.3d 643 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne Allen STOKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2013.

Attorney(s) appearing for the Case

Clayton Adair Dabbs , U.S. Attorney's Office, Oxford, MS, for United States of America, Plaintiff-Appellee.

LeRoy Davis Percy , Percy Law Firm, P.L.L.C., Oxford, MS, for Wayne Allen Stoker, Defendant-Appellant.

Before JONES, GARZA, and PRADO, Circuit Judges.

PER CURIAM:

Wayne Allen Stoker ("Stoker") appeals his conviction and sentence on two counts of retaliating against and threatening a witness, in violation of 18 U.S.C. §§ 1513(e) and 876(c). Finding the evidence sufficient to support the verdict, but only one count to be a crime of violence under current law, we affirm the conviction and vacate and remand for resentencing.

BACKGROUND

On February 20, 2009, Stoker caused a disturbance in...

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