United States v. William Terrence Cross, A/K/A Red, United States of America v. William Terrence Cross, A/K/A Red

OPINION

TRAXLER, Circuit Judge:

Defendant William Terrence Cross was charged with using physical force to intimidate a witness in a federal drug conspiracy prosecution in order to influence her testimony and retaliate against her for providing to law enforcement officers information about the crimes being prosecuted. A jury convicted Cross of witness tampering, see 18 U.S.C.A. § 1512(b)(1) (West 2000 & Supp.2003), and retaliating against a witness, see 18 U.S.C.A. § 1513(b)(2) (West Supp.2003).

The district court sentenced Cross under the “Accessory After the Fact” sentencing guideline, which…