18 U.S.C. § 1512(b)(3) does not require proof of belief that false information provided to state officials would be relayed to federal authorities

STATUTORY CONSTRUCTION/SENTENCING United States v. Serrata, No. 03-2011, ___ F.3d ___ (10th Cir. Oct. 6, 2005)(New Mexico). Multi-defendant appeal of convictions and sentences for variety of criminal offenses arising out of New Mexico correctional officer assault on inmate including: (1) deprivation of civil rights under color of law in violation of 18 U.S.C. § 242; and (2) conspiracy and witness tampering in violation of 18 U.S.C. § 1512(b)(3). Government cross-appeal of district court’s downward departure from sentencing guidelines sentencing range. HELD: (1) Intent: Conviction for conspiracy and witness tampering under 18 U.S.C. § 1512(b)(3) for hindering, delaying, or preventing communication of information to law enforcement officer or judge of United States relating to commission or possible commission of federal offense, does not require proof that defendant believed false information provided to state law enforcement officials would be transmitted to federal authorities. (2) Sentence: a. District properly applied sentencing guidelines by determining that defendant’s boots, as used in attack upon prisoner-victim, were dangerous weapons under U.S.S.G. § 2A2.2. b. District court’s use of judge-found sentencing facts determined by preponderance of evidence standard under pre-Booker mandatory guidelines scheme was plain error affecting defendant’s substantial rights. c. Under pre-Booker mandatory guidelines regime, district court improperly relied upon findings supporting five-level downward departure for each defendant because it relied on discouraged and irrelevant factors as defined in sentencing guidelines. Read the opinion here.