United States v. Cross

William Terrence Cross was convicted by a jury of tampering with a witness, in violation of 18 U.S.C. § 1512(b)(1) (2000), and retaliating against a witness, in violation of § 1513(b)(2) (2000). Although the district court initially sentenced him to 100 months of imprisonment, this court vacated and remanded for resentencing. United States v. Cross, 371 F.3d 176 (4th Cir.2004) . In Cross, decided prior to the Supreme Court’s ruling in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), we held that, in applying United States Sentencing Guidelines Manual (“USSG”) §…