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U.S. v. KERNELL

No. 10-6450.

667 F.3d 746 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David C. KERNELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Wade V. Davies , Ritchie, Dillard, Davies & Johnson, P.C., Knoxville, Tennessee, for Appellant. Mark L. Krotoski , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Wade V. Davies , Anne E. Passino , Ritchie, Dillard, Davies & Johnson, P.C., Knoxville, Tennessee, for Appellant. Mark L. Krotoski , United States Department of Justice, Washington, D.C., D. Gregory Weddle , Assistant United States Attorney, Knoxville, Tennessee, for Appellee.

Before: MOORE and COLE, Circuit Judges; BECKWITH, Senior District Judge.

OPINION

COLE, Circuit Judge.

Defendant David Kernell was convicted of obstruction of justice under 18 U.S.C. § 1519 for deleting information from his computer that related to his effort to gain access to the email account of then-Alaska governor and Vice Presidential candidate Sarah Palin. Section 1519, passed as part of the Sarbanes-Oxley Act of 2002, prohibits the knowing destruction or alteration of any record "with the intent to impede, obstruct...

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