Donald Bill Smith v. United States
DueProcess
Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doubt that the defendant knew his obstructive conduct would affect a particular foreseeable official proceeding and whether, in this case, the Government satisfied its burden
QUESTIONS PRESENTED FOR REVIEW 1. Whether the witness tampering resulting in death statute, 18 U.S.C. §§1512(a)(1)(A) and (k), requires the Government to prove beyond a reasonable doubt that the defendant knew his obstructive conduct would affect a particular foreseeable official proceeding and whether, in this case, the Government satisfied its burden. 2 Whether the standard established by the Eighth Circuit Court of Appeals to differentiate between a conspiracy to distribute a controlled substance and a mere buyer-seller agreement conflicts with the standard established by other circuit courts of appeals. i