United States Ninth Circuit

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US v. Olson, 15-30022

Conviction of misprision of felony under 18 U.S.C. section 4, for concealing and failing to notify authorities of defendant's business partner's submission of false statements to the United States Department of Agriculture Rural Development Program (USDA) in connection with a federal grant application, is affirmed where: 1) to secure a conviction under section 4, the government must prove not only that the defendant knew the principal engaged in conduct that satisfies the essential elements of the underlying felony, but also that the defendant knew the conduct was a felony; 2) to establish the latter, the government must prove the defendant knew the offense was punishable by death or a term of imprisonment exceeding one year; and 3) sufficient evidence supports the jury's finding that the defendant here knew the principal's crime was punishable by more than a year in custody.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/15

Judges

  • FISHER

Court

  • United States Ninth Circuit

Counsel


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