United States v. Alfred Fayer

OAKES, Circuit Judge:

This appeal is by the Government under 18 U.S.C. § 3731. It is from a judgment of acquittal following a bench trial 1 in the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, with special findings of fact pursuant to Fed.R. Crim.P. 23(c). The charge was endeavoring to influence a witness in violation of 18 U.S.C. § 1503. 2 The Government claims that the trial judge misconstrued the statute to require that the corrupt motive of a defendant be predominant or exclusive and that the court’s special findings permit reversal under 18…