Jessie Lobbins v. United States

KETHLEDGE, Circuit Judge.

*801 Jessie Lobbins moved under 28 U.S.C. § 2255 to set aside his sentence for witness tampering, arguing that his trial counsel had failed to object to a jury instruction that misstated an element of that offense. The district court denied Lobbins's motion on the ground that the instruction made no difference to the jury's verdict. We respectfully disagree and reverse.

In 2009, Lobbins was detained at a state facility, the Davidson County Criminal Justice Center in Nashville, while awaiting trial on federal charges for murder and other crimes related to his membership in…