United States Tenth Circuit

Defendant's obstruction of justice conviction is affirmed where: 1) 18 U.S.C. section 1512(c)(2) incorporates the nexus requirement as articulated by the Supreme Court in U.S. v. Aguilar, 515 U.S. 593 (1995); 2) section 1512(c)(2) does not require that a defendant know of the existence of an ongoing official proceeding; and 3) a reasonable jury could conclude that the natural and probable effect of disclosing an undercover officer's identity was impeding a federal grand jury investigation into a suspect's methamphetamine distribution and her supply source.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• TACHA, Circuit Judge., Before TACHA, HOLLOWAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Dwight L. Miller, Topeka, KS, for Appellant.


• For Appellees:
  
• Marietta Parker, Acting United States Attorney, and Jared S. Maag, Special Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Topeka, KS, for Appellee.