United States Second Circuit

Under 18 USC 1512(a)(1), murder with the intent to obstruct justice, a jury instruction that defendants "used physical force or attempted to do so" to prevent victim from talking to police is insufficient because it would allow a jury to convict without finding a murder occurred.

Appellate Information

• Argued 06/25/2001
• Decided 08/15/2001
• Published 08/15/2001

Judges

• LEVAL, Circuit Judge:, Before:  MINER and LEVAL, Circuit Judges, and SCULLIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven R. Kartagener, New York, NY, for Appellants.


• For Appellees:
  
• Gary R. Brown, Assistant United States Attorney, Eastern District of New York (Loretta E. Lynch, United States Attorney for the Eastern District of New York, on the brief, and Emily Berger and Joseph Conway, Assistant United States Attorneys, of counsel), for Appellee.