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U.S. v. ERMOIAN

Nos. 11-10124, 11-10388.

752 F.3d 1165 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Gary L. ERMOIAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Stephen John Johnson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2013.

As Amended August 28, 2013.

Attorney(s) appearing for the Case

John Balazs , Sacramento, CA, argued the cause and filed a brief for defendant-appellant Gary L. Ermoian.

Jerald Brainin , Los Angeles, CA, argued the cause and filed a brief for defendant-appellant Stephen J. Johnson.

Mark E. Cullers and Laurel J. Montoya , Assistant United States Attorneys, Fresno, CA, argued the cause and filed a brief for plaintiff-appellee United States of America. With them on the brief were Benjamin J. Wagner, United States Attorney, Fresno, CA, and Camil A. Skipper, Appellate Chief, Fresno, CA.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether an FBI investigation qualifies as an "official proceeding" under a federal statute criminalizing obstruction of justice.

I

A

The facts of this case read like an episode of the fictional television drama Sons of Anarchy.1 Sometime in 2006, the Central Valley Gang Impact Task Force ("CVGIT") — a United States Department of Justice...

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