United States v. Gerard Smith

Good Law
831 F.3d 1207·2016 WL 4137634
United States Court of Appeals for the Ninth CircuitAugust 4, 201614-50440, 14-50441, 14-50442, 14-50446, 14-50449, 14-50455, 14-50583California7,003 words

Opinion

Opinion

Fernandez, J.

Gerard Smith, Maricela Long, Gregory Thompson, Mickey Manzo, Scott Craig, Stephen Leavins (collectively, the “Joint Appellants”), and James Sexton each appeal their convictions for obstruction of justice and conspiracy to obstruct justice. See 18 U.S.C. §§371 , 1503(a). Long and Craig also appeal their convictions for making false statements. See id. § 1001(a)(2). Craig and Leavins also appeal their sentences. The Joint Appellants and Sexton raise a number of challenges to the jury instructions. We affirm.

BACKGROUND

The Joint Appellants and Sexton were all members of the Los Angeles Sheriffs Department (LASD), and were convicted for their roles in interfering with a federal investigation into civil rights abuses at Los Angeles County jails. Leavins, Craig, and Long were members of the Internal Criminal Investigations Bureau (ICIB), an LASD unit that investigates criminal activity by LASD employees. Leavins was a lieutenant, while Craig and Long were sergeants. Thompson was a lieutenant who oversaw Operation Safe Jails (OSJ), an LASD unit that investigates inmates. Smith, Manzo, and Sexton were OSJ deputies.

A federal grand jury began to investigate allegations of…

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