United States v. Deiago Davis

MURPHY, Circuit Judge.

Deiago Davis pled guilty to criminal contempt of court in violation of 18 U.S.C. § 401(3) after refusing to testify before a grand jury. After applying four cross references in the sentencing guidelines, the district court sentenced him to 46 months imprisonment. Davis appeals, arguing that the district court improperly applied the guidelines. We vacate and remand for re-sentencing.

I. Background.

On August 1, 2011 Davis was riding in the back seat of a vehicle that was stopped by law enforcement officers in Cedar Rapids, Iowa. During that process, passenger Marvin Hicks…