US v. Olson, No. 15-30022
(5-15-17)(Fisher w/Paez; concurrence by Hurwitz). To be convicted under misprison of a felony,
the 9th holds that the defendant must know that: (1) the principal acted to
satisfy the essential elements of the underlying felony offense; and (2) the
defendant knew the conduct was a felony.
This knowledge requires that the defendant knew the offense was
punishable by a term of imprisonment of more than a year or death. In this conviction of misprison, the
defendant was aware that the principal's offense -- submission of false
statements to the USDA --was a felony.
Hurwitz, concurring, would leave the holding of requirement for another
day and another case as it was not necessary to determine here.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/05/15/15-30022.pdf
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