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U.S. v. RAINEY

No. 13-30770.

757 F.3d 234 (2014)

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

United States Court of Appeals, Fifth Circuit.

June 27, 2014.

Attorney(s) appearing for the Case

Christopher Jackson Smith (argued), Trial Attorney, Stephan Edward Oestreicher, Jr. , Sangita Katikineni Rao , Leo Rin Tsao, Esq. , Assistant U.S. Attorney, Rohan Aran Virginkar , Trial Attorney, U.S. Department of Justice, Washington, DC, Jeffrey Goldberg , U.S. Department of Justice, New Orleans, LA, for Plaintiff-Appellant.

Brian Matthew Heberlig, Esq. , Scott P. Armstrong , Bruce C. Bishop , Jessica Lynne Urban, Esq. , Reid H. Weingarten, Esq. (argued), Steptoe & Johnson, L.L.P., Washington, DC, Michael W. Magner , Jones Walker LLP, New Orleans, LA, for Defendant-Appellee.

Mary Beth Walker , U.S. House of Representatives, Washington, DC, for Amicus Curiae.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Distilled, this appeal raises a pure question of statutory interpretation. Congress criminalizes obstructing "the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress." 18 U.S.C. § 1505. The defendant contends, and the district court agreed, that he cannot be prosecuted under § 1505 for obstructing...

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