Inchoate Obstruction of Justice Offenses
The word of the section is "endeavor," and by using it the section got rid of the technicalities which might be urged as besetting the word "attempt," and it describes any effort or essay to accomplish the evil purpose that the section was enacted to prevent . . . . The section . . . is not directed at success in corrupting a juror but at the "endeavor" to do so. Experimental approaches to the corruption of a juror are the "endeavor" of the section.
Id. at 143. Accord Osborn v. United States, 385 U.S. 323, 333 (1966). See also United States v. Tedesco, 635 F.2d 902 (1st Cir. 1980) (court rejected defendant's argument that an explicit offer of a bribe or a request for specific testimony was required for an endeavor to influence a witness under section 1503), cert. denied, 452 U.S. 962 (1981); United States v. Fasolino, 586 F.2d 939 (2d Cir. 1978) (defendant's importuning of a third party to approach a Federal judge, whom the third party knew, on a pending sentencing matter constituted an endeavor). see generally United States v. Osborn, 385 U.S. at 332-33; United States v. Lazzerini, 611 F.2d 940, 941-42 (1st Cir. 1979); United States v. Roe, 529 F.2d 629, 631-32 (4th Cir. 1975); United States v. Rosner, 485 F.2d 1213, 1228-29 (2d Cir. 1973), cert. denied, 417 U.S. 950 (1974); United States v. Missler, 414 F.2d 1293, 1306 (4th Cir. 1969), cert. denied, 397 U.S. 913 (1970); Knight v. United States, 310 F.2d 305, 307 (5th Cir. 1962) (per curiam). The legislative history of section 1510 indicates that Congress intended to incorporate this case law into that provision. H.R.Rep. No. 658, 90th Cong., 1st Sess. 3, reprinted in 1967 U.S.C.C.A.N. 1760, 1762.
[cited in USAM 9-69.100]
Updated February 19, 2015