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U.S. v. SMITH

No. 12-7301.

723 F.3d 510 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Terrence SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2013.

Attorney(s) appearing for the Case

ARGUED: C. Justin Brown , Law Office of C. Justin Brown, Baltimore, Maryland, for Appellant. Albert David Copperthite , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge FLOYD joined.

NIEMEYER, Circuit Judge:

In his § 2255 motion, filed in the district court, Terrence Smith challenged the jury instruction given in his underlying trial for witness tampering as defined in 18 U.S.C. § 1512(a). Specifically, Smith argued that the instruction misstated the federal nexus required for the offense, given the Supreme Court's decision in Fowler v. United States, ___ U.S.___, 131...

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