The following excerpt is from U.S. v. Becky, 53 F.3d 340 (9th Cir. 1995):
Becky requests reversal of his conviction because the court did not instruct the jury that, to convict him, it needed to find that the agreed-upon obstruction of a lawful function of government was to be brought about "by deceitful and dishonest means." 2 Deceitful or dishonest means are an essential element of a section 371 violation. United States v. Caldwell, 989 F.2d 1056, 1059 (9th Cir. 1993) (reversing the conviction where the court refused to instruct on the element of "deceitful or dishonest means"). Without that element, many sorts of presumptively legal conduct could be grounds for prosecution because the conduct happens to impede or obstruct a lawful government function. See id.
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