United States v. Gary Ermoian

We must decide whether an FBI investigation qualifies as an “official proceeding” under a federal statute criminalizing obstruction of justice.

I

A

The facts of this case read like an episode of the fictional television drama Sons of Anarchy. Sometime in 2006, the Central Valley Gang Impact Task Force (“CVGIT”) — a United States Department of Justice (“DOJ”)-funded group tasked with coordinating local law enforcement efforts to eliminate gang-related crimes in California’s Central Valley — learned that the Hells Angels motorcycle gang was attempting to establish a chapter in Modesto, California. Hoping to disrupt the formation of this gang chapter, the CVGIT opened an investigation into several known associates of the Hells Angels gang in the Modesto area, including Robert Holloway and his son Brent Holloway, the Road Dog Cycle Shop (which they co-owned), and members of the Merced Chapter of the Hells Angels gang who were affiliated with Road Dog Cycle.

Through information gleaned from earlier investigations, the CVGIT was aware that Road Dog Cycle was dealing in stolen motorcycles and motorcycle parts. The task force also suspected that some individuals associated…