United States v. Simmons
United States Court of Appeals for the Third Circuit
591 F.2d 206 (1979)
- Written by Sharon Feldman, JD
Facts
Barry Simmons (defendant) served writs for a traffic court. Simmons’s employees told the Federal Bureau of Investigation (FBI) that Simmons had been changing the dates on scofflaw notices for which the statute of limitations had run out. The FBI served grand jury subpoenas seeking Simmons’s telephone records and the testimony of Simmons and several of his employees. Upon receiving the subpoena, Simmons destroyed documents and told his employees what to say to investigators. Simmons was indicted and convicted for obstruction of justice based on his destruction of documents and instruction to employees to withhold information from the grand jury. On appeal, Simmons argued that the evidence at trial failed to establish the pendency of a grand jury investigation at the time of his alleged obstruction.
Rule of Law
Issue
Holding and Reasoning (Adams, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
