UNITED STATES v. JOHNSON

No. 78-5229.

605 F.2d 729 (1979)

UNITED STATES of America, Appellant, v. Allen Ray JOHNSON, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1979.


Attorney(s) appearing for the Case

Jack B. Crawley, Jr., Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellant.

James R. Acker, Durham, N. C. (Thomas F. Loflin, III, Loflin, Loflin, Galloway, Leary & Acker, Durham, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

The principal issue on this appeal is a narrow one. When a convicted criminal defendant attempts to cause the principal witness against him falsely to recant his testimony while his direct appeal is being prosecuted in a higher court, is a judicial proceeding still pending in the district court so that he may be charged with obstruction of justice under the omnibus clause of 18 U.S.C. § 1503? The district court answered...

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