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United States v. Stephens

United States District Court, W.D. Missouri, Central Division

December 3, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
BRUCE WAYNE STEPHENS, Defendant.

          ORDER

          ROSEANN A. KETCHMARK, JUDGE

         Pending before the Court is Defendant Bruce Wayne Stephens' Motion to Dismiss the Indictment for failure to state an offense. (Doc. 34.) The Government has filed suggestions in opposition. (Docs. 35, 38.) Defendant filed a reply in support of the Motion to Dismiss (doc. 39), and the Government filed a sur-response (doc. 40).

         I. The Charges Set Forth in the Indictment

         The Indictment in this case charges that:

(Obstructing Justice by Threatening to Retaliate) 18 U.S.C. § 1513(b)(1)
On or about September 29, 2016, within the Western District of Missouri, the Defendant, BRUCE WAYNE STEPHENS, knowingly threatened to cause bodily harm to another person with the intent to retaliate against said person and persons because of their participation in an official proceeding, that is, the investigation and prosecution of Malcolm Desean Redmon in Case No. 14-04065-02-CR-C-SRB, all in violation of Title 18, United States Code, Section 1513(b)(1).

(Doc. 1.)

         Title 18 U.S.C. § 1513(b)(1) provides:

(b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for -
(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
. . .
or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

         An “official proceeding” is defined under 18 U.S.C. § 1515(a)(1). The definition includes “a proceeding before a judge or court of the United States.” 18 U.S.C. § 1515(a)(1)(A).

         II. ...


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