Is making an untruthful statement to conceal an offence sufficient to sustain a misprision charge?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wesley, 113 F.3d 1244 (9th Cir. 1997):
This instruction is not an unconstitutional inference instruction. In fact, it is simply a correct statement of the law. See United States v. Hodges, 566 F.2d 674, 675 (9th Cir.1977) (making an untruthful statement to conceal an offense is an affirmative act sufficient to sustain a misprision charge). We find no error in the challenged jury instruction.
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