US v. Hassler: Hassler was the head nurse at a local jail where two inmates were beaten. One inmate was not examined until several days later (after it became “common knowledge” that law enforcement were investigating the assaults) and found to need emergency care. Hassler wrote a report two days later stating that he had seen the second inmate’s injuries at the time of the assault, but that he had declined medical treatment. Under later questioning by an FBI agent, Hassler admitted he wrote the report “to cover [his] butt” and did not see the second inmate. However, he stated he wasn’t aware of any ongoing investigation at the time. Hassler was eventually convicted of obstruction of justice under 18 U.S.C. 1519 and sentenced to 12 months and 1 day in prison.
On appeal, the Fourth Circuit affirmed Hassler’s conviction. Hassler’s main argument was that under Rehaif the Government had to prove that he intended to impede an investigation that he knew or contemplated would become a federal investigation. Relying on the Supreme Court’s 2015 decision in Yates, the court held that 1519 covers attempts to impede any federal investigation, even one “not even on the verge of commencement.” The jurisdictional language in the statute is not subject to Rehaif because such requirements are subject to lower culpability requirements than other elements of the offense. The district court did not err in not instructing the jury otherwise. Similarly, the evidence was sufficient to sustain Hassler’s conviction.
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