United States v. Gary Ermoian, 752 F.3d 1165

CVGIT, a DOJ-funded task force including the FBI, investigated Hells Angels activity in Modesto, including Road Dog Cycle and Holloways.
A Watered-down Gang Intelligence Bulletin was circulated to local law enforcement to prevent leaks, describing surveillance of the Burn-Out Party and gang activity.
Ermoian and Johnson were charged with conspiracy to obstruct justice for actions taken after the bulletin’s distribution, including warnings and counter-surveillance.
Swanson, a deputy sheriff, notified Ermoian of photos from the Burn-Out Party, prompting Ermoian to warn Robert Holloway and cause efforts to dispose of contraband.
The district court instructed that an FBI investigation could be an official proceeding, and Ermoian/Johnson were convicted of obstructing justice based on that theory.
On appeal, the Ninth Circuit concluded that an FBI investigation is not an official proceeding under 18 U.S.C. § 1512, reversed the convictions, and remanded for acquittal and resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an FBI investigation qualifies as an official proceeding under § 1512	Ermoian/Johnson contend FBI investigations are not official proceedings.	Government argues FBI investigations are encompassed by official proceedings.	FBI investigation not an official proceeding; convictions reversed and remanded.

United States v. Ramos, 537 F.3d 439 (5th Cir. 2008) (official proceeding meaning analyzed in context of ‘before a Federal Government agency’)
Arthur Andersen LLP v. United States, 544 U.S. 696 (U.S. 2005) (requires knowledge actions likely affect a judicial proceeding)
Robinson v. Shell Oil Co., 519 U.S. 337 (U.S. 1997) (plain meaning of statutory language in context)
United States v. Kelley, 36 F.3d 1118 (D.C. Cir. 1994) (assumed congressional purpose not dispositive; analysis lacking)
United States v. Gonzalez, 922 F.2d 1044 (2d Cir. 1991) (venue concerns for § 1512 interpretations; broader reading questioned)