Monday, May 15, 2017

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:


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