Defendant's conviction for obstructing an official proceeding, involving defendant's disclosure of the true identity of an undercover officer to a subject under investigation, is affirmed where: 1) 18 U.S.C. section 1512(c)(2) incorporates the nexus requirement as articulated by the Supreme Court in U.S. v. Aguilar, 515 U.S. 593 (1995); 2) section 1512(c)(2) does not require that a defendant know of the existence of an ongoing official proceeding; and 3) a reasonable jury could conclude that the natural and probable effect of disclosing an undercover officer's identity was impeding a federal grand jury investigation into a suspect's methamphetamine distribution and her supply source.
Filed October 20, 2009
Opinion by Judge Tacha
Dwight L. Miller, Topeka, KS
Jared S. Maag, Special Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Topeka, KS