United States v. Alfred M. Craft, 478 F.3d 899 (8th Cir. 2007). · Go Syfert
United States v. Alfred M. Craft, 478 F.3d 899 (8th Cir. 2007). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 1 distinct court.
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At page 900 Determining elements of witness tampering and obstruction7 citing cases“the government must establish two elements: first, that the defendant knowingly engaged in corrupt persuasion and second, that the acts of corrupt persuasion were intended to influence the testimony of another in an official proceeding . . . .”1 citing court quotes it · 6 listed here
  • United States v. Richard Garza, 161 F.4th 530 (8th Cir. 2025).published
    To prove witness tampering, the government must prove: (1) the defendant “knowingly engaged in corrupt persuasion;” and (2) “that the acts of corrupt persuasion were intended to influence the testimony of another in an official proceeding.…
  • United States v. Gabriel White Plume, Sr., 110 F.4th 1130 (8th Cir. 2024).published
    To prove witness tampering, “the government must establish two elements: first, that [the defendant] knowingly engaged in corrupt persuasion and second, that the acts of corrupt persuasion were intended to influence the testimony of anothe…
  • United States v. Kimo Little Bird, Sr., 76 F.4th 758 (8th Cir. 2023).published
    To “corruptly persuade” another means to act “with consciousness of wrongdoing.” United States v. Craft, 478 F.3d 899, 900 (8th Cir. 2007).
  • United States v. Randeep Mann, 701 F.3d 274 (8th Cir. 2012).published 4 cites
    We have found that a defendant can be convicted of knowingly engaging in corrupt persuasion where the defendant “acted with ‘consciousness of wrongdoing.’” United States v. Craft, 478 F.3d 899, 900 (8th Cir. 2007) (citation omitted).
  • United States v. Hance, 501 F.3d 900 (8th Cir. 2007).published 2 cites
    "Evidence is sufficient to sustain a conviction if, viewing the evidence in the light most favorable to the government, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States…
  • United States v. Roylee Richardson, 92 F.4th 728 (8th Cir. 2024).published
    See United States v. Craft, 478 F.3d 899, 900 (8th Cir. 2007).
At page 901 Reviewing evidence of witness influence and obstruction of justice3 citing cases“we give great deference to a district court's decision to impose an obstruction of justice enhancement, but we will reverse the enhancement when the district court's findings are insufficient.”2 citing courts quote it
  • United States v. Cunningham, 593 F.3d 726 (8th Cir. 2010).published 2 cites
    United States v. Craft, 478 F.3d 899, 901 (8th Cir. 2007).
  • United States v. Hance, 501 F.3d 900 (8th Cir. 2007).published 2 cites
    "Evidence is sufficient to sustain a conviction if, viewing the evidence in the light most favorable to the government, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States…
  • United States v. Madrigal-Lopez, 236 F. App'x 233 (8th Cir. 2007).unpublished
    (witness credibility is issue for sentencing judge that is virtually unreviewable on appeal)
At page 902 Credibility determinations regarding sentencing enhancements1 citing case“Conclusion We hold that the evidence was sufficient to convict Craft of witness tampering.”the opinion's own words at *902
  • United States v. Richard Fleming, 271 F. App'x 538 (8th Cir. 2008).unpublished
    The determinations regarding both the obstruction enhancement and the denial of acceptance of responsibility turn on the district court’s credibility determinations, an issue “that is virtually unreviewable on appeal.” United States v. Cra…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Alfred M. CRAFT, Appellant
06-1611.
Court of Appeals for the Eighth Circuit.
Mar 7, 2007.
Published opinion
478 F.3d 899
2007 U.S. App. LEXIS 5239
2007 WL 675473
Jeremy B. Lowrey, argued, Sheridan, AR, and Jerry Larkowski, Little Rock, AR, for appellant., Jeffrey P. LaVicka, argued, Asst. U.S. Atty., Little Rock, AR, for appellee.
Riley, Beam, Smith.
Cited by 14 opinions  |  Published
SMITH, Circuit Judge.

A jury found Alfred M. Craft guilty of two counts of witness tampering in violation of 18 U.S.C. § 1512. At sentencing, the court [1] enhanced Craft’s sentence after[*900] determining that he had obstructed justice by misleading investigators about his finances. Craft appeals, arguing, that the evidence is insufficient to support (1) his witness tampering convictions and (2) his enhanced sentence for obstruction of justice. Finding ample record evidence to support both the conviction and the sentence enhancement, we affirm.

I. Background

Craft, a farmer, baited carcasses with Temik, a federally-regulated pesticide, to poison coyotes, buzzards, and other unwanted animals entering his property. Neighbors reported Craft to authorities, who, after obtaining a warrant, found the remains of poisoned animals, as well as bags of Temik. After his indictment by a grand jury, Craft contacted two potential witnesses and instructed them not to cooperate with investigators. The government alleges that these conversations violated witness tampering laws. The. witnesses Scottie Shreve, Craft’s employee, and Debbie Tatum, Craft’s ex-wife, testified for the government.

Craft pleaded guilty to the wildlife violations, and the jury convicted him of unlawful use of a pesticide and two counts of witness tampering. At sentencing, the government successfully sought an obstruction of justice enhancement, alleging that Craft tried to mislead investigators attempting to determine his net worth for sentencing purposes.

Craft appeals, contending that the evidence was insufficient to support the two witness tampering convictions. He also asserts that the court erred by imposing the obstruction enhancement.

II. Discussion

“Evidence is sufficient to sustain a conviction if, viewing the evidence in the light most favorable to the government, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Hollins, 432 F.3d 809, 811 (8th Cir.2005) (internal citation omitted). The government receives the benefit of reasonable inferences that may be drawn from the evidence. United States v. Cunningham, 83 F.3d 218, 222 (8th Cir.1996). We will set aside a verdict only if the evidence weighs heavily enough against the verdict that a miscarriage of justice may have occurred. United States v. Rodriguez, 812 F.2d 414, 417 (8th Cir.1987).

A. Influencing the Testimony of Shreve

Section 1512 prohibits any party from improperly interfering with information provided by another to investigators or the courts. To prove that Craft attempted to illegally influence the testimony of another, the government must establish two elements: first, that Craft knowingly engaged in corrupt persuasion and second, that the acts of corrupt persuasion were intended to influence the testimony of another in an official proceeding or during the course of an official investigation. Arthur Andersen LLP v. United States, 544 U.S. 696, 705, 125 S.Ct. 2129, 161 L.Ed.2d 1008 (2005). Craft alleges the government failed to prove either element.

To convict a defendant of knowingly engaging in corrupt persuasion, a jury must determine that the defendant acted with “consciousness of wrongdoing.” Id. at 706, 125 S.Ct. 2129; see also United States v. Pennington, 168 F.3d 1060, 1066 (8th Cir.1999) (holding that “[t]he ambiguous term ‘corruptly persuades’ includes ‘attempting to persuade someone to provide false information to federal investigators’ ”) (quoting United States v. Farrell, 126 F.3d 484, 488 (3d Cir.1997)).

At trial, Shreve testified that Craft made several subtle threats against his[*901] job. The government substantiated Shreve’s testimony with recorded conversations in which Craft insisted that Shreve tell investigators that he could not remember specific events and advising Shreve to mislead investigators. Craft insists that the testimonial evidence and recordings merely show that he was advising Shreve of the Fifth Amendment right against self-incrimination.

The jury rejected this argument. Viewing the evidence in the light most favorable to the government, we cannot say that the evidence weighs heavily enough against the verdict that a miscarriage of justice may have occurred. Rodriguez, 812 F.2d at 417. We hold that the government produced sufficient evidence to prove that Craft acted with consciousness of wrongdoing and intended to influence Shreve’s testimony.

B. Influencing the Testimony of Tatum

The jury also convicted Craft of illegally attempting to influence the testimony of his ex-wife, Tatum. She testified that Craft called her repeatedly, each time insisting that she not talk to investigators. Tatum also testified that Craft told her that if she “crossed him,” then she could get hurt and that she would regret it. Craft argues that he was under the mistaken impression that his conversations with Tatum would be protected by spousal privilege and, therefore, he was merely informing Tatum of her right not to speak to authorities pursuant to that privilege. The jury disbelieved Craft and did not do so unreasonably. Viewing the evidence in the light most favorable to the government, we cannot say that the evidence weighs so heavily against the verdict that a miscarriage of justice may have occurred. Rodriguez, 812 F.2d at 417.

III. Obstruction of Justice Enhancement

“We review the district court’s factual findings for clear error, but review de novo its determination that an obstruction of justice enhancement applies.” United States v. Otto, 64 F.3d 367, 370 (8th Cir.1995). We give “great deference” to a district court’s decision to impose an obstruction of justice enhancement, but we will reverse the enhancement when the district court’s findings are insufficient. United States v. Flores, 362 F.3d 1030, 1038 (8th Cir.2004).

A district court may enhance a defendant’s offense level under the Guidelines if the defendant “provides] materially false information to a probation officer in respect to a presentence or other investigation for the court.” U.S.S.G. § 3C1.1, cmt. n. 4(h). Attempting to conceal one’s financial assets from a probation officer cán constitute obstruction of justice. United States v. Anderson, 68 F.3d 1050, 1056 (8th Cir.1995); United States v. Lloyd, 947 F.2d 339 (8th Cir.1991).

The district court based its enhancements upon four factual conclusions. First, Craft intentionally misrepresented the value of his assets, including his mortgage, to cause investigators to undervalue his net worth. Second, he attempted to liquidate his assets and use the proceeds to buy gold and silver, which he could hide from investigators. Third, he attempted to transfer several other assets to his children to avoid collection. Lastly, he purposely directed investigators to an accountant who had no knowledge of Craft’s assets or financial affairs.

Many of these factual findings are supported by recorded conversations between Craft and Shreve. These recordings clearly show that Craft planned to liquidate several of his assets and transfer others to his children. The court’s factual findings[*902] were also supported by the testimony of investigators. Further, Craft does not dispute that he referred investigators to the wrong accountant; instead, he maintains that this referral was a simple mistake. Whether it was purposeful or a mistake was ultimately a question of witness credibility, which we have held is “is an issue for the sentencing judge that is virtually unreviewable on appeal.” United States v. Behler, 14 F.3d 1264, 1273 (8th Cir.1994) (internal citation and quotations omitted).

Accordingly, we find no clear error, as each of these findings is amply supported by the record.

IV. Conclusion

We hold that the evidence was sufficient to convict Craft of witness tampering. We also hold that the district court did not clearly err by enhancing Craft’s sentence for obstruction of justice. The judgment of the district court is affirmed.

1

. The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.