United States v. Lester

Felix Mitchell, an alleged narcotics-gang leader, was awaiting trial. Leslie Brigham was arrested and began cooperating with authorities. Gary Lester and Leroy McGill (defendants) met to arrange Brigham’s release to prevent him from testifying against Mitchell. Brigham was instead released into Federal Bureau of Investigation (FBI) protection. Brigham left the motel room the FBI rented, went to his sister’s home, and advised Mitchell’s brother of his location. Lester and others arrived at Brigham’s sister’s home, and after a conversation with Mitchell, it was agreed that Brigham should leave town. For three weeks, Brigham and McGill stayed in San Diego accommodations paid for by Mitchell’s girlfriend and received money likely from Lester’s brother. Lester and McGill were charged with obstructing justice in violation of 18 U.S.C. § 1503 and conspiracy to obstruct justice by hiding Brigham to prevent his appearance at Mitchell’s trial. The jury convicted Lester and McGill, but the court acquitted Lester on the obstruction counts and McGill on the conspiracy count. Lester appealed his conviction, and the government (plaintiff) appealed the acquittals. Lester and McGill maintained that the Victim and Witness Protection Act of 1982 (VWPA) removed witness tampering from 18 U.S.C. § 1503 and consolidated all witness-tampering offenses in 18 U.S.C. § 1512. The government (plaintiff) argued that the omnibus clause in § 1503 reached the noncoercive witness tampering committed by Lester and McGill.