717 F.3d 733
9th Cir.2013Background
- Watters was indicted on multiple counts including conspiracy and transportation/sale of stolen vehicles in the aftermath of Hurricane Katrina.
- Watters lived with his cousin Starr for six weeks while investigation proceedings unfolded.
- Starr testified that Watters planned to forge a receipt indicating purchase of some vehicles, relayed to the FBI.
- A pretrial filing included a copy of a receipt suggesting Watters bought some vehicles from a salvage yard; a superseding indictment followed.
- Watters was convicted of obstruction of justice and making a false statement; other charges were resolved in his favor or acquitted.
- Watters appeals, challenging only the jury instruction for the meaning of 'corruptly' under 18 U.S.C. § 1512(c); the panel affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Definition of 'corruptly' in §1512(c) | Corruptly means consciousness of wrongdoing; no evil/wicked requirement. | 'Corruptly' should include evil or wicked purpose per Andersen and Ryan. | District court definition correct; no reversible error; affirmed. |
Key Cases Cited
- Arthur Andersen LLP v. United States, 544 U.S. 696 (S. Ct. 2005) (definition hinges on 'consciousness of wrongdoing' for §1512(b), not §1512(c))
- United States v. Ryan, 455 F.2d 728 (9th Cir. 1972) (dicta on 'evil' characterization for §1503; not controlling for §1512(c))
- United States v. Rasheed, 663 F.2d 843 (9th Cir. 1981) (notes dicta relevance of Ryan to §1512(c))
- United States v. Awad, 551 F.3d 930 (9th Cir. 2009) (harmless-error standard for instructional error)