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U.S. Court of Appeals for the 9th Circuit

Aug. 15, 2013

Obstruction statute doesn't apply to FBI investigations, panel rules

In a move that sets precedent throughout the 9th U.S. Circuit Court of Appeals, a panel ruled Wednesday that "a criminal investigation is not an 'official proceeding' under the federal statute criminalizing obstruction of justice."


By Hamed Aleaziz


Daily Journal Staff Writer


Warning a suspect that the FBI is closing in does not amount to the crime of obstruction of justice, a 9th U.S. Circuit Court of Appeals panel declared Wednesday.


The panel ruled unanimously to reverse the convictions of two men for tipping off the target of an FBI investigation, opining that "a criminal investigation is not an 'official proceeding' under the federal statute criminalizin...

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