USA v. Charles Andrew Fowler

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 2, 2011
JOHN LEY
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-15463
________________________
D. C. Docket No. 07-00380-CR-T-30-TGW
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES ANDREW FOWLER,
a.k.a. Man,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(September 2, 2011)
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before EDMONDSON, BARKETT, and ROTH, Circuit Judges.*
Honorable Judge Jane R. Roth, United States Circuit Judge for the Third Circuit, sitting*
by designation.

-- 1 of 3 --

PER CURIAM:
Charles Andrew Fowler appealed his conviction for murder with the intent
to prevent a person from communicating information about a federal offense to a
federal law enforcement officer or judge of the United States, in violation of 18
U.S.C. § 1512(a)(1)(C). We affirmed Fowler’s conviction on the ground that the
evidence presented at trial was sufficient to support a finding that the victim
witnessed Fowler and his accomplices while they were preparing to commit, or had
just committed, federal crimes, and that a federal investigation was possible.
United States v. Fowler, 603 F.3d 883 (11th Cir. 2010).
The Supreme Court granted Fowler’s petition for writ of certiorari and
reversed, holding that for a conviction under § 1512(a)(1)(C), the Government
must show more than a mere possibility of communication with a federal law
enforcement officer, but “must show a reasonable likelihood that, had, e.g., the
victim communicated with law enforcement officers, at least one relevant
communication would have been made to a federal law enforcement officer.”
Fowler v. United States, 131 S. Ct. 2045, 2052 (2011).
In light of the Supreme Court’s ruling, we vacate our prior opinion in this
case, United States v. Fowler, 603 F.3d 883 (11th Cir. 2010), and remand to the
district court so that it may consider, in the first instance, the following question:
2

-- 2 of 3 --

Whether the evidence presented at the Defendant’s trial was sufficient
under Fowler v. United States, 131 S. Ct. 2045 (2011), to show a
reasonable likelihood that, had the victim communicated with law
enforcement officers, at least one of the relevant communications
would have been made to a federal officer.
PRIOR DECISION VACATED; and REMANDED.
3

-- 3 of 3 --