Fowler v. United States
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
10-5443 | 11th Cir. | Mar 29, 2011 | May 26, 2011 | 7-2 | Breyer | OT 2010 |
Holding: To establish a violation of Section 1512(a)(1)(C), which makes it a crime to kill another person, with intent . . . to prevent the communication by any person to a [federal] law enforcement officer of information relating to the . . . possible commission of a Federal offense,the government must show that there was a reasonable likelihood that a relevant communication would have been made to a federal officer.
Plain English Holding: A federal statute makes it a crime to kill someone to try to prevent that person from passing on information regarding a federal crime to federal (although not to state) law enforcement officials. A defendant is guilty of violating this statute only if the government can show that there was a reasonable chance that the information would actually have been passed to a federal officer.
Judgment: vacated and remanded, 7-2, in an opinion by Justice Breyer on May 26, 2011. Justice Scalia concurred in the judgment. Justice Alito wrote a dissenting opinion, which Justice Ginsburg joined.
SCOTUSblog Coverage
- Opinion analysis: Fowler v. United States (Amy Burns, May 28, 2011)
- This week at the Court: In Plain English (Lisa Tucker, May 27, 2011)
- Argument analysis: The Court debates intent versus reasonable possibilities (Brooks Holland, April 1, 2011)
- Argument preview: Fowler v. United States (Adam Schlossman, March 26, 2011)
- Last week at the Court - in Plain English (Lisa Tucker, November 22, 2010)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Charles Fowler
- Brief for Respondent United States of America
- Reply Brief of Petitioner
Certiorari-stage documents
- Opinion below (11th Circuit)
Merits Briefs
- Brief for Petitioner Charles Fowler
- Brief for Respondent United States of America
- Reply Brief of Petitioner
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