UNITED STATES of America, Plaintiff-Appellee, v. Eugene Davis WASHINGTON, Defendant-Appellant
Court of Appeals for the Ninth Circuit
1Opinion of the Court
REINHARDT, Circuit Judge:
Eugene Davis Washington was convicted of bribing one of the jurors in his earlier trial on drug charges. Washington challenges his sentence on the ground that the district court erred in applying U.S.S.G. § 2J1.2(c)(l)’s cross-reference to U.S.S.G. § 2X3.1 (“Accessory After the Fact”). We agree with Washington and remand for re-sentencing. 1
I
In April 1988, Eugene Davis Washington was indicted for possession with intent to distribute and conspiracy to possess with intent to distribute ten kilograms of cocaine. The first trial ended in a mistrial when the jury…
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