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8.131 Obstruction of Justice—Omnibus Clause of 18 U.S.C. § 1503

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8.131 OBSTRUCTION OF JUSTICEOMNIBUS CLAUSE OF 18 U.S.C. § 1503

The defendant is charged in [Count _______ of] the indictment with obstruction of justice in violation of Section 1503 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant influenced, obstructed, or impeded, or tried to influence, obstruct, or impede the due administration of justice; and

Second, the defendant acted corruptly, or by threats or force, or by any threatening communication, with the intent to obstruct justice.

Comment

See Comment at Instruction 3.15 (CorruptlyDefined).

If the corrupt act at issue involved the making of a false statement, materiality of the false statement is a required element of the crime. See United States v. Thomas, 612 F.3d 1107, 1123-24 (9th Cir.2010).

As used in Section 1503, "corruptly" means that the act must be done with the purpose of obstructing justice. United States v. Rasheed, 663 F.2d 843, 851 (9th Cir.1981).

"The ‘omnibus clause’ of § 1503, . . . provides: ‘Whoever . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be [punished] . . .’" United States v. Aguilar, 515 U.S. 593, 609-10 (1995).

Approved 10/2013