In this case, the Government is appealing from the granting of a Motion for Acquittal following a jury verdict finding the defendant herein guilty of obstruction of justice under 18 U.S.C. § 1503. We reverse.
The appellee, the defendant in the court below, Tomas L. Varkonyi, was indicted on four counts. The first three counts charged him with the unlawful transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a)(2). The fourth count charged Varkonyi with corruptly endeavoring to influence, obstruct and impede the administration of justice, in violation of 18 U.S.C. § 1503. The first thrеe counts relate to Varkonyi’s arrest after two Border Patrol agents discovered five illegаl aliens in his pickup truck at a gasoline station. Two of the aliens, being teenage boys, were sent back to Mexico immediately. The other three were detained as material witnesses for thе trial. The fourth count stems from an alleged attempt by Varkonyi to persuade the detained illegal aliens to make false statements concerning their involvement with Varkonyi.
At trial, the detained illegаl aliens testified that they had been working for Varkonyi and detailed the facts leading up to the arrеst. Two of the aliens testified that Varkonyi had later approached them in an attempt to persuade them to change their statements which they had given to Immigration officials and which incriminated Varkonyi. The aliens stated that they refused to comply with Varkonyi’s request. The mothers of two of the detained aliens also testified that Varkonyi had spoken to them about changing their sons’ testimonies. One of the mothers stated that Varkonyi threatened to accuse the aliens of stealing his truck if they did not change their stories. This latter testimony was corroborated by a neighbor of the alien’s mother whо had listened to this conversation. Varkonyi took the stand and denied the charges.
The jury acquitted Varkonyi on the transporting alien counts but did convict him on the obstruction of justice count. Following the trial judge’s dismissal of the jury, he related to the lawyers his misgivings about convicting an individual of obstruction of justice when he has been acquitted of the charges on which the obstruction of justice count was based. At a subsequent hearing on the defendant’s Motion for Acquittal, the trial court stated that it had reservations сoncerning the actual existence of witness tampering and that the result did not quite comport with thе court’s idea of justice. Although the trial judge conceded that the conviction would probably stаnd on appeal, he granted the Motion for Acquittal. In his written Judgment of Acquittal, the trial judge based his decision solely upon insufficiency of the evidence.
The Government’s appeal is permissible in this сase since it has a right to appeal, under 18 U.S.C. § 3731, from a Judgment of Acquittal after a verdict of guilty.
See United States v. Burns,
On review оf such a judgment, an appellate court is bound by the same basic test. Essentially, this Court must decide whether the evidence, examined in a light most favorable to the Government, was suf
*86
ficient to support thе jury’s conclusion that the defendant was guilty beyond a reasonable doubt.
See United States v. Clemones,
Therefore, evеn assuming that there is an inconsistency in the present jury’s verdict, this Court may do no more than determine whether the finding of guilt was supported by the evidence. Under 18 U.S.C. § 1503, the Government must prove beyond a reasonable doubt that the defendant acted either corruptly or by threats or force to influence, obstruct or impede the due administration of justice. The Government must also prove a specifiс intent to so influence, obstruct or impede the administration of justice.
See United States v. Johnson,
REVERSED.