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(b)(c)that the defendant knew of or had notice about theproceeding; andthat the defendant acted corruptly with intent to obstruct orinterfere with the proceeding or due administration of justice2. Pending Federal Judicial Proceeding(a)There is some dispute among Circuits as to what constitutes apending judicial proceeding for purposes of § 1503. SeeKeith Palfin & Sandhya Prabhu, Obstruction of Justice, 40Am. Crim. L. Rev. 873, 888 (2003)(i)Most Circuits hold that there must be an investigationin contemplation of or before the grand jury. SeeUnited States v. Monus, 128 F.3d 376, 389 (6th Cir.1997) (a judicial proceeding is pending “‘where asubpoena is issued in furtherance of an actual grandjury investigation, i.e., to secure a presentlycontemplated presentation of evidence before thegrand jury’” (quoting United States v. Tackett, 113F.3d 603, 612 n.6 (6th Cir. 1997)); United States v.Davis, 183 F.3d 231, 240-41 (a wiretap order cannotbe considered a judicial proceeding under §1503),amended by 197 F.3d 662 (3d Cir. 1999); United Statesv. Cueto, 151 F.3d 620, 634 (7th Cir. 1998) (“It is wellestablished that investigations undertaken with theintention of presenting evidence before a grand juryare sufficient to constitute ‘the due administration ofjustice under §1503.’”) (quoting United States v.Maloney, 71 F.3d 645, 657 (7th Cir. 1995)); UnitedStates v. Brady, 168 F.3d 574, 577-78 (1st Cir. 1999)(purposely depriving the grand jury of information issufficient to make out a conviction under § 1503);United States v. Grubb, 11 F.3d 426, 438 (4th Cir.1993) (“Interrupting the grand jury in its pursuit ofinformation” is punishable under § 1503); UnitedStates v. Wood, 6 F.3d 692, 696 (10th Cir. 1993)(holding that a grand jury investigation qualifies as“pending judicial proceeding” for the purpose of §1503); United States v. Biaggi, 853 F.2d 89, 104 (2dCir. 1988) (declining to overturn a conviction under §1503 where the defendant encouraged another totestify falsely after he had ample notice that a grand19us\JUCEARO\7667714.1