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U.S. v. PEREZ

Docket Nos. 08-4131-cr (CON), 08-4905-cr (CON), 08-4924-cr (CON).

575 F.3d 164 (2009)

UNITED STATES of America, Appellee, v. Angel PEREZ, Glen Cummings, and Elizabeth Torres, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2009.

Attorney(s) appearing for the Case

Edward S. Zas, Federal Defenders of New York, Inc., Appeals Bureau, New York, N.Y., for Defendant-Appellant Perez.

Joseph J. Ferrante, Hauppauge, N.Y., for Defendant-Appellant Cummings.

Allan Laurence Brenner, Long Beach, N.Y., for Defendant-Appellant Torres.

Sarah Coyne, Asst. U.S. Atty., Brooklyn, N.Y. (Benton J. Campbell, U.S. Atty., David C. James, Robert M. Radick, Justin D. Lerer, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for Appellee.

Before: NEWMAN, POOLER, and PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal from criminal convictions of three federal corrections officers primarily concerns interpretation of the phrase "official proceeding" as used in 18 U.S.C. § 1512 punishing obstruction of justice. The principal issue is whether the procedures employed by the Federal Bureau of Prisons ("BOP") to investigate incidents involving use of force by BOP staff upon prisoners and to determine adherence to BOP policy constitute an...

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