United States v. Wayne K. Brown

Appellant Brown, a member of th'e Oakland police force, was convicted of the crime of obstruction of justice under 18 U.S.C. § 1503 , for attempting to warn the target of a valid search warrant in order to prevent discovery and seizure of a quantity of heroin. The caption of § 1503 reads “Influencing or injuring officer, juror or witness generally.” The statute has two parts. Brown was charged and convicted under the second, or so-called “omnibus” clause, for “corruptly ... endeavoring] to influence, obstruct, or impede, the due administration of justice .... ” The sole question before this court is whether his conduct is within the ambit of § 1503.

Brown argues that under the ejusdem generis principle of statutory construction, the coverage of the general language of the omnibus clause must be limited to conduct “similar in nature” to that specifically enumerated in the first clause, which refers expressly to acts of influencing, intimidating, impeding, or injuring. See generally Haiti v. United States, 260 F.2d 744, 746 (9th Cir. 1958).

Appellant’s contention that his conduct was not similar in nature to the “threatening” or “forcible” conduct enumerated in the initial clause…