Crime of obstructing grand jury does not require proof that altered documents provided under subpoena were relevant to grand jury’s investigation

STATUTORY CONSTRUCTION United States v. Erickson, No. 08-4025, ___ F.3d ___ (10th Cir. Apr. 6, 2009)(Utah). Appeal of conviction for obstructing and impeding federal grand jury in violation of 18 U.S.C. § 1503. HELD: In prosecution for offense of obstructing and impeding federal grand jury, government need not prove as element of offense that alterations of documents made in response to grand jury subpoena were relevant to grand jury’s investigation. Defendant is not entitled to protection from prosecution under § 1503 simply because he or she misjudges scope or purpose of grand jury’s investigation and submits fraudulent information that could not affect actual investigation. First, impossibility is not defense to § 1503 offense. Second, alterations made to documents by defendant and submitted to grand jury in this case were intended to deprive grand jury of evidence that it had determined was relevant to its investigation. Read the opinion here.