United States v. Ermoian, No. 11-10124 (9th Cir. 2013)
Annotate this CaseDefendants were convicted of obstruction of justice for their involvement in leaking information regarding an FBI investigation to members of the Hells Angels gang and thus facilitating their criminal enterprise. On appeal, defendants claimed that they could not be convicted under the obstruction of justice statute, 18 U.S.C. 1512, because their alleged obstruction of an FBI investigation did not qualify as obstruction of an "official proceeding" under the statute. In light of the plain meaning of the term "proceeding," its use in the grammatical context of the "official proceeding" definition, and the broader statutory context, the court concluded that a criminal investigation was not an "official proceeding" under the obstruction of justice statute. Accordingly, the court reversed and remanded so the district court could enter a judgment of acquittal on those charges.
Court Description: Criminal Law. Reversing convictions and remanding for entry of judgments of acquittal, the panel held that a criminal investigation is not an “official proceeding” under the federal statute criminalizing obstruction of justice, 18 U.S.C. § 1512.
The court issued a subsequent related opinion or order on August 28, 2013.
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