Legal Opinion

United States v. Allen Ray Johnson

Court of Appeals for the Fourth Circuit

Decided September 12, 1979No. 78-5229PublishedCited by 13 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

The principal issue on this appeal is a narrow one. When a convicted criminal defendant attempts to cause the principal witness against him falsely to recant his testimony while his direct appeal is being prosecuted in a higher court, is a judicial proceeding still pending in the district court so that he may be charged with obstruction of justice under the omnibus clause of 18 U.S.C. § 1503? The district court answered that question in the negative and dismissed the indictment against Allen Ray Johnson. We reverse.

Convicted by a jury of three counts of…

2Cases cited7 opinions

  1. Pettibone v. United StatesSupreme Court of the United States · 1893
  2. United States v. Edwin Duncan, Jr.Court of Appeals for the Fourth Circuit · 1979
  3. United States v. Paul WalasekCourt of Appeals for the Third Circuit · 1975
  4. United States v. Herbert A. Howard and Elmer Gary RitterCourt of Appeals for the Fifth Circuit · 1978
  5. Rakes v. United StatesCourt of Appeals for the Fourth Circuit · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. Dennis Allen WerlingerCourt of Appeals for the Eighth Circuit · 1990
  2. United States v. Nicholas Victor Fleming, Jr.Court of Appeals for the Ninth Circuit · 2000
  3. UNITED STATES of America, Plaintiff-Appellee, v. Ronald FULBRIGHT, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  4. United States v. David NovakCourt of Appeals for the Eighth Circuit · 2000
  5. Smith v. StateWyoming Supreme Court · 1995

8 more not listed; retrieve them via the Exa API.

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