141928P.pdf   03/23/2015  United States  v.  Elfred William Petruk
   U.S. Court of Appeals Case No:  14-1928
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Bright, Author, with Loken and Kelly, Circuit Judges] 
   Criminal case - Criminal law. The evidence was not sufficient to establish 
   that defendant committed the offense of carjacking as the initial theft of 
   the truck was accomplished when the truck was unoccupied and his actions 
   in attacking someone who followed him and attempted to recover the truck 
   amounted to retaining rather than acquiring control of the stolen truck; 
   no rational trier of fact could conclude that in attempting to secure a 
   false statement in December, 2012 that defendant contemplated a 
   particular, foreseeable "official proceeding" as defined by 18 U.S.C. Sec. 
   1515(a)(1)(A), and his conviction for obstructing an official proceeding 
   under 18 U.S.C. Sec. 1512(c)(2) is vacated; however, defendant's efforts 
   to obtain a false statements after the initiation of this federal 
   prosecution did amount to a violation of 1512(c)(2), and this conviction 
   is affirmed. Remanded for resentencing.