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Fontenot: Government Need Only Prove Federal Investigative Jurisdiction

By Tim Cone

In U.S. v. Fontenot, No. 08-12266 (July 13, 2010), the Court, on plain error review, held that it was not erroneous, in a prosecution for making a false entry in a document with the intent to impede an investigation within the jurisdiction of a United States agency, in violation of 18 U.S.C. § 1519, to instruct the jury that the government is not required to prove that the defendant knew that his conduct would obstruct a federal investigation.Fontenot was a corrections officer who falsified information in a report regarding an assault on an inmate.The Court noted that there can be no ?plain? error if there is no precedent from the Supreme Court or the Eleventh Circuit resolving the issue. Here, no such precedent addressed the issue whether the government is required that the defendant knew that his conduct would obstruct a federal investigation...continue to full post

Full post as published by Defense Newsletter Blog on July 14, 2010 (boomark / email).