U.S. Court of Appeals for the Fifth Circuit, 1989

United States v. Walter Barry Wilson

U.S. Court of Appeals for the Fifth Circuit · Decided October 24, 1989 · Gee, Jones, Per Curiam, Smith

887 F.2d 576; 1989 U.S. App. LEXIS 16919; 1989 WL 124963 (Federal Reporter, Second Series)

Counsel

Don Jackson, Jenkens & Gilchrist, Dallas, Tex. (Court-appointed), for defendant-appellant., Delonia A. Watson, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Walter Barry Wilson, A/K/A Michael Anderson (5th Cir. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

For reasons to be stated more fully in an opinion to follow, we conclude that Wilson’s use of an alias during the commission of his firearms-shipping offense did not constitute wilful impeding or obstruction of “the administration of justice during the investigation or prosecution of the instant offense.... ” such as to justify an increase in his offense level pursuant to Section 3C1.1 of the Sentencing Guidelines. Because Wilson is due for release in December 1989, his appeal for relief from this error will be mooted unless we act forthwith.

We therefore VACATE his sentence and remand for resentencing not later than November 1. The mandate will issue immediately. It is so

ORDERED.

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