Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or
Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process—
Shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both.
Notes of Decisions
United States v. Charles H. Schaffner, 715 F.2d 1099 (6th Cir. 1983).
· cites it 7× “The district court held that the government was obliged to prosecute the defendant under 18 U.S.C. § 1501 1 (“Assault on process server”) rather than under the omnibus clause of 18 U.”
Agustin Valenzuela Gallardo v. William Barr, 968 F.3d 1053 (9th Cir. 2020).
· cites it 3× “In an en banc precedential decision issued over two decades ago, the Board of Immigration Appeals (BIA) held that “an offense relating to obstruction of justice” is defined by the federal obstruction of justice offenses listed under that title in 18 U.S.C. §§ 1501–18, almost all…”
United States v. John Henry Young, 936 F.2d 1050 (9th Cir. 1991).
· cites it 3× “5 V Young maintains that the district court erred in failing to instruct the jury that it could convict Young of the lesser included offense of assault upon a process server, as set forth in 18 U.”
State v. Baker, 636 S.W.2d 902 (Mo. 1982).
· cites it 2× “becomes a felony if the person willfully assaulted is a police officer engaged in his duties as such. Id. at 61. The court concluded that "knowledge that the person assaulted is a police officer engaged in his duties is a necessary element for conviction under § 557.”
Denis v. Attorney Gen. of the United States, 633 F.3d 201 (3d Cir. 2011).
“The Board explored the elements of misprision and compared them to the elements of the federal offenses included in the list of crimes labeled “obstruction of justice” in 18 U.S.C. §§ 1501—1518. 22 I. & N. Dec. at 892 .”
Pugin v. Garland, 599 U.S. 600 (2023).
“769 , codifed at 18 U. S. C. § 1501 et seq. And not all of the offenses that are addressed in Chapter 73 contain a pending-proceeding requirement.”
Espinoza, 22 I. & N. Dec. 889 (BIA 1999).
· cites it 2× “” 18 U.S.C. §§ 1501 - 1518 (1994 & Supp. II 1996).”
United States v. Augustin Gonzalez, 71 F.3d 819 (11th Cir. 1996).
“Appellant’s actions also resulted in an apparent violation of 18 U.S.C. § 1501 , which makes it a felony for any person to impede a federal officer’s efforts to serve “any legal or judicial writ or process of any court of the United States, or United States commissioner.”
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