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United States v. Allmon

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Submitted: December 18, 2009

Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

Appellant Julian Allmon entered into a plea agreement under which he agreed to testify for the Government. After testifying at his uncle’s trial, pursuant to his plea agreement, the Government called Appellant to testify in a subsequent trial against his cousins. Appellant refused, citing the Fifth Amendment privilege against self-incrimination. The district court*fn1 found that Appellant had no Fifth Amendment privilege and found him guilty of contempt. Following the guidelines’ instructions in regard to contempt, see U.S. Sentencing Guidelines Manual § 2J1.1 (2009), the district court applied § 2J1.2 (Obstruction of Justice) as an analogous guideline under § 2X5.1 (Other Offenses) and sentenced Appellant to thirty-three months’ imprisonment. On appeal, we address the validity of Appellant’s conviction in light of his claim for Fifth Amendment privilege and whether the district court erred in selecting § 2J1.2 as the applicable guideline rather than § 2J1.5 (Failure to Appear by a Material Witness). For the following reasons, we affirm.

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