Phillips v. United States

How later courts describe this case

• “The government simply has not met its burden of establishing that the . . . conspiracy continued past the effective date of the sentencing guidelines.”
• "There need not be an ongoing investigation or even any intent to investigate. Rather, the killing of an individual with the intent to frustrate the individual’s possible cooperation with federal authorities is implicated by the statute." (emphasis added)
• counsel did not pursue severance for tactical reasons