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The Champion

July-August 2014 , Page 38 

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Proceeding Vaguely: Obstruction of a Pending Proceeding Under 18 U.S.C. § 1505

By Paul C. Looney & Clay S. Conrad

Deputy U.S. Marshal Lucio Moya received a crumpled up photocopy of a driver’s license from his father, Juan Moya, on the pretense that the individual pictured was transporting large amounts of marijuana through customs checkpoints and might be working with a corrupt Border Patrol agent. Deputy Moya’s father, who had a prior federal drug conviction and had partly worked it off as an informant, told his son he wanted to be a paid informant.

Moya took the photocopy to his office and ran the suspect’s history. He learned the individual pictured was an undercover Department of Homeland Security (DHS) agent, actively investigating a sizable marijuana trafficking conspiracy. Deputy Moya’s field training officer, Martin Gomez, told Moya that his source would have to come in and debrief. Moya texted his father, telling him to stop whatever he was doing because the person pictured was an undercover agent, and cautioned him not to repeat that information. He arranged for his father to

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