United States v. Thomas Michael Roberts

Roberts appeals his conviction under 18 U.S.C. § 1510 (a) of assaulting and injuring an informant who had supplied federal investigators with information leading to the arrest of his mother. We affirm.

Roberts first claims that section 1510(a) does not apply to retaliatory assaults but only to assaults that have the purpose of deterring the future communication of information. He argues that since the assault occurred 18 days after his mother was convicted he could only have had a retaliatory motive.

The statute provides:

18 U.S.C. § 1510 (a) (emphasis added). Although the first paragraph of subsection (a) on its face only prohibits acts that affect the future communication of information, United States v. Koehler, 544 F.2d 1326 (5th Cir. 1977), the second paragraph clearly and unambiguously protects informants from the retaliatory infliction of bodily injury after they have given information. See United States v. San Martin, 515 F.2d 317, 320 (5th Cir. 1975). The indictment properly charged Roberts under this second paragraph.

Nor is there any merit to Roberts’ claim that section 1510(a) applies only to behavior occurring prior to the initiation of judicial proceedings. No…