United States v. Allen Ray Johnson
Court of Appeals for the Fourth Circuit
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
- Pettibone v. United StatesSupreme Court of the United States · 1893
- United States v. Edwin Duncan, Jr.Court of Appeals for the Fourth Circuit · 1979
- United States v. Paul WalasekCourt of Appeals for the Third Circuit · 1975
- United States v. Herbert A. Howard and Elmer Gary RitterCourt of Appeals for the Fifth Circuit · 1978
- Rakes v. United StatesCourt of Appeals for the Fourth Circuit · 1947
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3Cited by13 opinions
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- United States v. David NovakCourt of Appeals for the Eighth Circuit · 2000
- Smith v. StateWyoming Supreme Court · 1995
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