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CRM 1500-1999

1829. Harboring -- 18 USC 1071 -- First Element -- Federal Warrant

The government must establish that a Federal warrant was issued for the arrest of the fugitive. In United States v. Silva, 745 F.2d 840, 848 (4th Cir. 1984), cert. denied, 470 U.S. 1031 (1985), the Fourth Circuit stated that the government should prove this element by introducing the warrant itself into evidence. The warrant must, of course, be issued "under the provisions of any law of the United States." It has been held that an arrest warrant issued by a judge of the District of Columbia Superior Court is one issued under a "law of the United States" within the terms of Section 1071. See United States v. Boettcher, 588 F.2d 89 (4th Cir. 1978).