No. 11-50061.

673 F.3d 1259 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. TAN DUC NGUYEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2012.

Attorney(s) appearing for the Case

H. Dean Steward , San Clemente, CA, for the appellant.

Erin H. Flynn (argued) , DOJ Atty., Washington, DC, Jessica Dunsay Silver , DOJ Atty., Washington, DC, Thomas E. Perez , Assistant Attorney General, Washington, DC, for the appellee.

Before: STEPHEN REINHARDT and WILLIAM A. FLETCHER, Circuit Judges, and JACK ZOUHARY, District Judge.


REINHARDT, Circuit Judge.

Tan Nguyen was convicted in federal court on one count of obstruction of justice, 18 U.S.C. § 1512(b)(3), for failing to disclose the full extent of his knowledge regarding the mailing of a letter that could reasonably be believed to constitute an attempt at voter intimidation. The evidence produced against Nguyen during his federal prosecution was obtained pursuant to a search warrant issued in the course of a state...

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