yates argued november decided february conducting offshore inspection commercial fishing vessel gulf mexico federal agent found ship catch contained undersized red grouper violation federal conservation regulations officer instructed ship captain petitioner yates keep undersized fish segregated rest catch ship returned port officer departed yates instead told crew member throw undersized fish overboard offense yates charged destroying concealing covering undersized fish impede federal investigation violation section provides person may fined imprisoned years knowingly alters destroys mutilates conceals covers falsifies makes false entry record document tangible object intent impede obstruct influence federal investigation trial yates moved judgment acquittal charge pointing origin provision act law designed protect investors restore trust financial markets following collapse enron corporation yates argued reference tangible object subsumes objects used store information computer hard drives fish district denied yates motion jury found guilty violating eleventh circuit affirmed conviction concluding applies destruction concealment fish objects physical form fish fall within dictionary definition tangible object held judgment reversed case remanded reversed remanded justice ginsburg joined chief justice justice breyer justice sotomayor concluded tangible object within compass one used record preserve information pp although dictionary definitions words tangible object bear consideration determining meaning tangible object dispositive whether statutory term unambiguous determined reference language also specific context language used broader context statute whole robinson shell oil identical language may convey varying content used different statutes sometimes even different provisions statute see faa cooper pp familiar interpretive guides aid construction tangible object though commanding heading destruction alteration falsification records federal investigations bankruptcy conveys suggestion section prohibits spoliation physical evidence however remote records section position within title chapter signals intended serve ban destruction physical evidence congress placed end chapter following immediately specialized provisions expressly aimed corporate fraud financial audits contemporaneous passage prohibits person alter ing destroy ing mutilat ing conceal ing record document object intent impair object integrity availability use official proceeding also instructive government argues reference object includes every physical object reference tangible object already included physical objects government also contends congress reason enact section read render superfluous entire provision passed proximity part act see marx general revenue words immediately surrounding tangible object falsifies makes false entry record document also cabin contextual meaning term applying canons noscitur sociis ejusdem generis tangible object last list terms begins record document appropriately read refer tangible object specifically subset tangible objects used record preserve information moderate interpretation accords list actions proscribes verbs falsif mak false entry typically take grammatical objects records documents things used record preserve information logbooks hard drives see gustafson alloyd use traditional tools statutory interpretation examine markers congressional intent within act thus call rejection aggressive interpretation tangible object furthermore meaning record document thing provision model penal code mpc interpreted prohibit tampering kind physical evidence reliable indicator meaning congress assigned record document tangible object significant differences offense described mpc provision offense created pp finally recourse traditional tools statutory construction leaves doubt meaning tangible object appropriate invoke rule lenity pp justice alito concluded traditional rules statutory construction confirm yates better argument title list nouns list verbs title combined tip case favor yates applying canons noscitur sociis ejusdem generis list nouns record document tangible object term tangible object refer something similar records documents many verbs alters destroys mutilates conceals covers falsifies makes false entry apply nouns salamanders sand dunes term makes false entry makes sense outside filekeeping finally title destruction alteration falsification records federal investigations bankruptcy also points toward filekeeping rather fish pp ginsburg announced judgment delivered opinion roberts breyer sotomayor joined alito filed opinion concurring judgment kagan filed dissenting opinion scalia kennedy thomas joined opinion ginsburg notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press john yates petitioner writ certiorari appeals eleventh circuit february justice ginsburg announced judgment delivered opinion chief justice justice breyer justice sotomayor join john yates commercial fisherman caught undersized red grouper federal waters gulf mexico prevent federal authorities confirming harvested undersized fish yates ordered crew member toss suspect catch sea offense charged convicted violating provides whoever knowingly alters destroys mutilates conceals covers falsifies makes false entry record document tangible object intent impede obstruct influence investigation proper administration matter within jurisdiction department agency case filed title relation contemplation matter case shall fined title imprisoned years yates also indicted convicted provides destruction removal property prevent whoever search seizure property person authorized make search seizure knowingly destroys damages wastes disposes transfers otherwise takes action knowingly attempts destroy damage waste dispose transfer otherwise take action purpose preventing impairing government lawful authority take property custody control continue holding property lawful custody control shall fined title imprisoned years yates contest conviction violating maintains fish trapped within term tangible object term used section enacted part act stat legislation designed protect investors restore trust financial markets following collapse enron corporation fish doubt object tangible fish seen caught handled catch case illustrates vulnerable destruction cut loose mooring hold encompasses objects whatever size significance destroyed obstructive intent mindful congress trained attention corporate accounting deception conclude matching construction order tangible object captured hold must one used record preserve information august miss katie commercial fishing boat six days expedition gulf mexico crew numbered three including yates captain engaged routine offshore patrol inspect recreational commercial vessels officer john jones florida fish wildlife conservation commission decided board miss katie check vessel compliance fishing rules although miss katie far enough florida coast exclusively federal waters nevertheless within officer jones jurisdiction deputized federal agent national marine fisheries service officer jones authority enforce federal well state fishing laws upon boarding miss katie officer jones noticed three red grouper appeared undersized hanging hook deck time federal conservation regulations required immediate release red grouper less inches long cfr ii effective april violation regulations civil offense punishable fine fishing license suspension see suspecting undersized fish might board officer jones proceeded inspect ship catch setting aside measuring fish appeared shorter inches officer jones ultimately determined fish fell short mark fellow officer recorded length undersized fish catch measurement verification form exceptions measured fish inches three less inches none less inches separating fish measuring inches rest catch placing wooden crates officer jones directed yates leave fish thus segregated crates miss katie returned port departing officer jones issued yates citation possession undersized fish four days later miss katie docked cortez florida officer jones measured fish contained wooden crates time however measured fish although still less inches slightly exceeded lengths recorded board jones surmised fish brought port detected initial inspection questioning one crew members admitted yates direction thrown overboard fish officer jones measured sea yates replaced tossed grouper fish rest catch reasons disclosed record us months passed criminal charges lodged yates may indicted destroying property prevent federal seizure violation destroying concealing covering undersized fish impede federal investigation violation time indictment minimum legal length gulf red grouper lowered inches inches see cfr iv effective may measured fish yates catch fell limit record reveal civil penalty yates received possession fish undersized regulation see yates tried criminal charges august end government case chief moved judgment acquittal charge pointing title origin provision act yates argued section sets forth documents offense reference tangible object subsumes computer hard drives logbooks things nature fish app yates acknowledged criminal code contains sections appropriate overnment pursue wished prosecute tampering evidence app section set supra fit description yates insisted government countered tangible object within compass simply something document record app trial judge expressed misgivings reading tangible object broadly government urged latin phrase construction statute gist take look line words interpret words consistently talking documents records tangible objects tangible objects nature document record opposed fish ibid judge nonetheless followed controlling eleventh circuit precedent recognizing passed part legislation targeting corporate fraud appeals instructed broad language limited corporate fraud cases free pass laws language covering areas well beyond particular crisis du jour initially prompted legislative action md app quoting hunt accordingly trial read tangible object term independent record document app violating sentenced yates imprisonment days followed supervised release three years app life bear stigma federal felony conviction appeal eleventh circuit found text plain tangible object undefined statute appeals gave term ordinary natural meaning dictionary definition aving possessing physical form ibid quoting black law dictionary ed granted certiorari reverse eleventh circuit judgment ii act agree prompted exposure enron massive accounting fraud revelations company outside auditor arthur andersen llp systematically destroyed potentially incriminating documents government acknowledges intended prohibit particular corporate hide evidence financial wrongdoing brief prior law made offense intimidat threate corruptly persuad another person shred documents emphasis added section cured conspicuous omission imposing liability person destroys records see describing new general anti shredding provision explaining certain current provisions make crime persuade another person destroy documents crime actually destroy documents new section also expanded prior law including within provision reach matter within jurisdiction department agency government view extends beyond principal evil motivating passage words government argues support reading provision general ban spoliation evidence covering physical items might relevant matter federal investigation yates urges contextual reading tying tangible object surrounding words placement provision within act related provisions enacted time particular see infra section maintains targets manner evidence records documents tangible objects used preserve computers servers media information stored agree yates reject government unrestrained reading tangible object conclude better read cover objects one use record preserve information objects physical world ordinary meaning object tangible stated dictionary definitions discrete thing webster third new international dictionary possess es physical form black law dictionary ed premise government concludes tangible object term appears covers waterfront including fish sea whether statutory term unambiguous however turn solely dictionary definitions component words rather plainness ambiguity statutory language determined reference language well specific context language used broader context statute whole robinson shell oil see also deal fundamental principle statutory construction indeed language meaning word determined isolation must drawn context used ordinarily word usage accords dictionary definition law life however words placed different contexts sometimes mean different things several times affirmed identical language may convey varying content used different statutes sometimes even different provisions statute see faa cooper slip actual damages different meanings different statutes wachovia bank schmidt located different meanings different provisions national bank act general dynamics land systems cline age different meanings different provisions age discrimination employment act cleveland indians baseball wages paid different meanings different provisions title robinson employee different meanings different sections title vii civil rights act merrell dow pharmaceuticals thompson arising different meanings art iii district columbia carter state territory different meanings atlantic cleaners dyers trade commerce different meanings different sections sherman act observed atlantic cleaners dyers words different shades meaning consequently may variously construed subject matter words refer several places words used conditions different scope legislative power exercised one case broader exercised another meaning well may vary meet purposes law arrived consideration language purposes expressed circumstances language employed short although dictionary definitions words tangible object bear consideration dispositive meaning tangible object supporting reading tangible object used accord dictionary definitions government points appearance term federal rule criminal procedure rule requires prosecution grant defendant request inspect tangible objects within government control utility defense see fed rule crim proc rule reference tangible objects interpreted include physical evidence see lafave israel king kerr criminal procedure pp ed rule discovery rule designed protect defendants compelling prosecution turn defense evidence material charges issue context comprehensive construction tangible objects fitting contrast penal provision refers tangible object relation request information relevant specific proceeding rather relation federal investigations proceedings every kind including yet see commissioner national carbide hand words chameleons reflect color environment context rule supports giving tangible object meaning broad dictionary definition context tugs strongly favor narrower reading familiar interpretive guides aid construction words tangible object appear note first caption destruction alteration falsification records federal investigations bankruptcy heading conveys suggestion section prohibits spoliation physical evidence however remote records neither title section act placed criminal penalties altering documents stat furthermore provision passed part titled destruction corporate audit records addresses specific subset records documents headings commanding supply cues congress intend tangible object sweep within reach physical objects every kind including things one describe records documents devices closely associated see title statute heading section tools available resolution doubt meaning statute internal quotation marks omitted congress indeed meant make ban spoliation evidence dissent believes congress one expected clearer indication intent section position within chapter title signals intended serve ban destruction physical evidence every kind congress placed companion provision end chapter following immediately prohibiting obstructive acts specific contexts see audits recipients federal funds federal examinations financial institutions criminal investigations federal health care offenses see also observing apply obstruction certain limited types cases bankruptcy fraud examinations financial institutions healthcare fraud congress direct codification act additions chapter adjacent specialized provisions instead congress directed placement additions within alongside retained provisions address obstructive acts relating broadly official proceedings criminal trials section civil action protect retaliation fraud cases codified inserted addresses civil actions restrain harassment victims witnesses criminal cases defines terms used section tampering record otherwise impeding official proceeding codified inserted within addresses tampering victim witness informant impede official proceeding section retaliation informants codified inserted within addresses retaliation victim witness informant official proceeding congress thus ranked among broad proscriptions together specialized provisions expressly aimed corporate fraud financial audits placement accords view congress conception coverage considerably limited contemporaneous passage contained section act discrete section embracing also instructive section provides whoever corruptly alters destroys mutilates conceals record document object attempts intent impair object integrity availability use official proceeding shall fined title imprisoned years legislative history reveals drafted proposed see cong rec government argues yates dispute reference object includes every physical object reference tangible object already included physical objects government dissent contend congress reason enact virtually act violate doubt violate well applies investigation proper administration matter within jurisdiction department agency relation contemplation matter official proceeding government acknowledges reading significantly overlap brief nowhere government explain independent function serve government right sweeping scope resist reading render superfluous entire provision passed proximity part see marx general revenue slip canon surplusage strongest interpretation render superfluous another part statutory words immediately surrounding tangible object falsifies makes false entry record document also cabin contextual meaning term explained gustafson alloyd rely principle noscitur sociis word known company keeps avoid ascribing one word meaning broad inconsistent accompanying words thus giving unintended breadth acts congress internal quotation marks omitted see also williams word given precise content neighboring words associated gustafson interpreted word communication securities act refer public communication rather communication word appeared list words notably notice circular advertisement making apparent list refer red documents wide dissemination even though list began word noscitur sociis canon operates similar manner tangible object last list terms begins record document term therefore appropriately read refer tangible object specifically subset tangible objects involving records documents objects used record preserve information see sentencing commission guidelines manual documents tangible objects includes records documents tangible objects stored magnetic optical digital electronic storage mediums devices wire electronic moderate interpretation tangible object accords list actions proscribes section applies anyone alters destroys mutilates conceals covers falsifies makes false entry record document tangible object requisite obstructive intent emphasis added last two verbs falsif mak false entry typically take grammatical objects records documents things used record preserve information logbooks hard drives see black law dictionary ed defining falsify make deceptive counterfeit forge misrepresent tamper document record unnatural example describe killer act wiping fingerprints gun falsifying murder weapon strange refer falsifying data stored hard drive simply falsifying hard drive furthermore congress include list prohibited actions falsifies makes false entry see making unlawful alte destro mutilat concea record document object requisite obstructive intent contemporaneous omission also suggests congress intended tangible object narrower scope object canon related noscitur sociis ejusdem generis counsels general words follow specific words statutory enumeration general words usually construed embrace objects similar nature objects enumerated preceding specific words washington state dept social health servs guardianship estate keffeler internal quotation marks omitted begay example relied principle determine crimes covered statutory phrase crime burglary arson extortion involves use explosives otherwise involves conduct presents serious potential risk physical injury another ii enumeration specific crimes explained indicates otherwise involves provision covers similar crimes rather every crime serious potential risk physical injury another congress intended latter encompassing meaning observed hard see needed include examples ibid see also csx alabama dept revenue slip typically use ejusdem generis ensure general word render specific words congress intended tangible object interpreted generically capture physical objects dissimilar documents fish congress reason refer specifically record document government unbounded reading tangible object render words misleading surplusage used traditional tools statutory interpretation examine markers congressional intent within act persuaded aggressive interpretation tangible object must rejected highly improbable congress buried general spoliation statute covering objects every kind provision targeting fraud financial government argues however inquiry incomplete failed consider origins phrase record document tangible object congress drew phrase government says model penal code mpc provision reform proposals based provision mpc provision proposals prompted imposed liability anyone alters destroys mutilates conceals removes record document thing see ali mpc proscriptions understood refer physical evidence see mpc comment provision applies physical object accordingly government reasons dissent exuberantly agrees post congress must intended apply universe physical evidence inference unwarranted true mpc provision prohibited tampering kind physical evidence unlike mpc provision prohibit actions specifically relate records documents objects used record preserve information mpc provision also ranked offense misdemeanor limited liability instances actor believ es official proceeding investigation pending instituted mpc yates scant reason anticipate felony prosecution certainly one instituted time even smallest fish caught came within legal limit see supra cf bond slip rejecting boundless reading statutory term given deeply serious consequences reading entail proposed federal offense line mpc provision advanced federal commission similarly qualified see final report national commission reform federal criminal laws pp section conspicuously lacks limits built mpc provision federal proposal describes misdemeanor felony punishable years prison section covers conduct intended impede federal investigation proceeding including one even verge commencement given significant differences meaning record document thing mpc provision kindred proposal reliable indicator meaning congress assigned record document tangible object mpc provision short tells us neither congress wrote congress wanted cf post concerning yates small fish subject federal felony prosecution finally recourse traditional tools statutory construction leaves doubt meaning tangible object term used invoke rule ambiguity concerning ambit criminal statutes resolved favor lenity cleveland quoting rewis interpretative principle relevant government urges reading exposes individuals prison sentences tampering physical object might evidentiary value federal investigation offense matter whether investigation pending merely contemplated whether offense subject investigation criminal civil see liparota application rule lenity ensures criminal statutes provide fair warning concerning conduct rendered illegal strikes appropriate balance legislature prosecutor defining criminal determining meaning tangible object appropriate choose harsher alternative require congress spoken language clear definite see cleveland quoting universal credit see also jones rule lenity reinforces conclusion arson residence subject federal prosecution residence qualify property used commerce activity reasons stated resist reading expansively create coverall spoliation evidence statute advisable measure might leaving important decision congress hold tangible object within compass one used record preserve information judgment appeals eleventh circuit therefore reversed case remanded proceedings ordered alito concurring judgment john yates petitioner writ certiorari appeals eleventh circuit february justice alito concurring judgment case resolved narrow grounds though question close traditional tools statutory construction confirm john yates better argument three features stand statute list nouns list verbs title although perhaps none features tip case favor yates three combined start nouns section refers record document tangible object noscitur sociis canon instructs statute contains list word list presumptively similar meaning see gustafson alloyd related canon ejusdem generis teaches general words following list specific words usually read light specific words mean something similar see christopher smithkline beecham slip applying canons list nouns term tangible object refer something similar records documents fish spring mind antelope colonial farmhouse hydrofoil oil derrick objects tangible raise eyebrow neighbor asked identify something similar record document said crocodile reading course shortcomings instance imperfect ejusdem generis case record document quite general risk tangible object may made superfluous similar record document yet one however thing see sentencing commission guidelines manual comment reading records documents tangible objects includ found magnetic optical digital electronic storage mediums devices might document traditionally document piece paper information information stored computer electronic storage device medium black law dictionary ed might also records records limited minutes formal writings designed memorialize past events hard drive however tangible contain files precisely akin even narrow definitions record document read expansively adding tangible object ensure beyond question electronic files included sure tangible object presumably capture congress enacts catchall known unknowns republic iraq beaty noscitur sociis ejusdem generis apply known unknowns similar known knowns records documents especially true reading tangible object broadly render record document superfluous next consider list verbs alters destroys mutilates conceals covers falsifies makes false entry although many verbs apply nouns salamanders satellites sand dunes last phrase list makes false entry makes sense outside filekeeping one make false entry fish alters especially falsifies also closely associated filekeeping one verbs moreover applied filekeeping certainly way makes false entry always inconsistent aquatic government without response one imagine congress trying write law broadly every verb lines every noun failure line may suggest something gone awry one interpretation text statute verbs applies certain category nouns reason think congress category mind categories course often underinclusive overinclusive instance applies letter bomb mean categories useful congress enact see vance bradley focusing verbs category nouns appears filekeeping observation dispositive neither nothing government also contends verbs cut ways unnatural apply falsifies tangible objects certainly true one falsify outside casing hard drive one falsify alter data physically recorded hard drive finally analysis influenced title destruction alteration falsification records federal investigations bankruptcy emphasis added points toward filekeeping fish titles useful devices resolve meaning statute porter nussle quoting see also lawson fmr llc sotomayor dissenting slip title especially valuable reinforces text nouns verbs independently suggest matter statutes might read particular one cover every noun universe tangible form titles course also dispositive list nouns already suggest tangible object mean something similar records documents especially read conjunction peculiar list verbs focus filekeeping title enough conjunction two textual features however government argument though colorable becomes implausible accept see washington state dept social health servs guardianship estate keffeler focusing product two canons construction confirmed interpretative evidence cf obama cadc aggregating evidence kagan dissenting john yates petitioner writ certiorari appeals eleventh circuit february justice kagan justice scalia justice kennedy justice thomas join dissenting criminal law prohibits tampering record document tangible object attempt obstruct federal investigation case raises question whether term tangible object means thing means everyday language object capable touched answer easy yes term tangible object broad clear throughout code many laws invariably covers physical objects kinds context confirms bare text says words surrounding tangible object show congress meant term wide range fits congress evident purpose enacting punish alter destroy physical evidence physical evidence intent thwarting federal law enforcement plurality instead interprets tangible object cover objects one use record preserve information ante concurring opinion similarly vaguely contends tangible object refer something similar records documents include colonial farmhouses crocodiles fish ante alito concurring judgment view conventional tools statutory construction lead conventional result tangible object object tangible apply statute congress enacted affirm judgment plurality starts analysis heading see ante note first caption begin text congress supplied definition generally give statutory term ordinary meaning see schindler elevator ex rel kirk slip plurality must acknowledge ordinary meaning tangible object discrete thing possesses physical form ante punctuation citation omitted fish course discrete thing possesses physical form see generally seuss one fish two fish red fish blue fish ordinary meaning term tangible object one disputes covers fish including red grouper interpretation accords endless uses term statute rule books construed courts dozens federal laws rules procedure hundreds state enactments include term tangible object first cousin tangible thing association documents others see referring material tangible object harbor pest disease authorizing investigative demands documentary material tangible things defining museum entity owns tangible objects exhibited public allowing discovery relevant facts books papers documents tangible things knowledge ever read provision exclude things record preserve data rather courts adhered statutory language ordinary expansive meaning example courts understood phrases tangible objects tangible things federal rules criminal civil procedure cover everything guns drugs machinery animals see obiukwu per curiam handgun acarino supp edny heroin newman ca fed energy generation system martin reynolds metals cattle surprise today courts uniformly applied term tangible object way see mcrae corpse maury cement mixer necessarily end matter agree plurality really context matters interpreting statutes construe meaning statutory terms vacuum tyler cain rather interpret particular words context view place overall statutory scheme davis michigan dept treasury sometimes means plurality says dictionary definition disputed term control see bloate occasion text context point way stepping back words tangible object provides evidence congress said meant meant said begin way surrounding words reinforce breadth term issue section refers tangible object thus indicating line word plain meaning tangible object whatever kind webster third new international dictionary time recognized expansive meaning bringing within statute reach types item tangible object law refers department housing urban development rucker see republic iraq beaty ali federal bureau prisons adjacent laundry list verbs alters destroys mutilates conceals covers falsifies makes false entry shows congress wrote statute wide scope words supposed ensure tangible object meant covers whole world prodigious variety see rodgers rejecting narrow technical definition statutory term clashes strongly sweeping language sentence still tangible object appears part phrase including also records documents common laws always understood embrace things kinds model penal code section drafted years ago similarly prohibits person alter ing destroy ing conceal ing remov ing record document thing effort thwart official investigation proceeding ali model penal code emphasis added code commentary emphasizes offense described provision limited conduct alters written instrument comment rather language extends physical object ibid consistent statement course ordinary meaning courts laws based model code tampering provision apply tangible objects including drugs guns vehicles yes animals see state majors cocaine puckett state ark gun state bruno bicycle skeleton blood stains state crites mont dist lexis deer antlers one limited phrase scope objects record preserve information words record document tangible object also track language federal law covering even plurality accepts see ante physical evidence forms section original version preceding today repeatedly uses phrase record document object notably provision prohibiting use force threat induce another person withhold materials official proceeding victim witness protection act stat amended language likely derived model penal code encompasses less bloody knife incriminating letter courts decades agreed see kellington boat applewhaite stone wall typically compelling evidence persuade congress intended nearly identical language provisions dealing related subjects bear different meanings communication workers beck see scalia garner reading law interpretation legal texts context thus confirms text indicates legislative history care puts extra icing cake already frosted section plurality notes see ante enacted enron corporation collapse part act stat provision began life separate bill drafters emphasized enron case study exposing shortcomings current laws relating corporate criminal fraud pp primary loophole congress identified see arose limits part described provision uniformly construed prohibited person inducing another destroy record document object every type see supra congress even plurality agrees see ante enacted close yawning gap fully achieve goal covered records documents objects well means tampering written exactly apply broadly acts destroy fabricate physical evidence long performed requisite intent person destroys evidence drafters explained overly technical legal distinctions neither hinder prevent prosecution ah well congress meet today invents distinction effect see philadelphia nat bank reat ing large loophole statute designed close loophole illogical disrespectful congressional purpose congress recognized using broad term giving immunity destroy evidence sensible basis penal policy person hides murder victim body less culpable one burns victim diary fisherman like john yates dumps undersized fish avoid fine less blameworthy one shreds vessel catch log reason congress thus treated offenders way understood enacting destroying evidence destroying evidence whether evidence takes documentary form ii plurality searches far wide anything anything support interpretation fishing expedition comes empty plurality analysis starts title destruction alteration falsification records federal investigations bankruptcy see ante see also ante opinion alito already sign something amiss know case begun interpretation statute title relied title override law clear terms instead followed wise rule title statute heading section limit plain meaning text trainmen baltimore ohio reason wise rule easy see title almost necessarily abridgment attempting mention every term statute often ungainly well useless accordingly matters text frequently unreflected headings last year observed two titles nearby section serve reference general subject matter provision issue meant take place detailed provisions text lawson fmr llc slip quoting trainmen headings stated apparent lawson slip title refers destruction alteration falsification mutilation concealment covering likewise mentions records documents objects presumably plurality refuse apply person conceals evidence rather destroying altering falsifying instead plurality say title title undo limit specific statutory text ibid quoting trainmen holds true evidence question record something else whose destruction alteration intended obstruct justice plurality next tries divine meaning position within chapter title ante move yet odder last far tell never suggested section number assigned law bears upon meaning cf scalia supra listing interpretive principles canons without mentioning plurality new theory even terms plurality argument hard fathom plurality claims applied objects generally congress placed specialized provisions ante search find better place broad ban plurality seems agree law properly goes chapter criminal code chapter obstruction justice provision logically fit chapter sections first numbers chapter already taken starting continuing law naturally took place standard operating procedure prior act chapter ordered chronologically section later enacted later enacted well get idea congress continued vein section thus right expect contemporaneously passed added added plurality third argument relying surplusage canon least invokes known tool statutory construction comes nothing says plurality read naturally render superfluous congress passed part act ante although two provisions significantly overlap applies conduct key difference two protects integrity matter within jurisdiction federal department agency whereas safeguards official proceeding defined section language often applies broadly plurality notes example fbi investigation counts matter within federal department jurisdiction falls outside statutory definition official proceeding construed courts see gabriel conversely sometimes reaches widely example official proceeding includes proceeding judge prohibits tampering evidence federal litigation private parties see burge reich sotomayor contrast ordinarily operate context federal department agency see hubbard surplusage canon come overlap even significant overlap abounds criminal law see loughrin slip never thought ordinary stuff surplusage made see ibid connecticut nat bank germain legislative history plurality appeals see ante cuts materials show lawmakers knew share much common ground minority leader lott introduced amendment included along criminal corporate fraud provisions late legislative process explaining specific request president see cong rec remarks lott lott several senators noted overlap president package provisions already bill notably see remarks lott remarks biden remarks sens hatch gramm presence final act may reflected caution contained flaw serve backstop addition may derived solely legislators wish satisfy audiences courts president justice department gluck bressman statutory interpretation inside stan rev emphasis deleted whichever case congress consciousness overlap two provisions removes conceivable reason cast aside ordinary meaning service preventing statutory repetition indeed inclusion creates far worse problem plurality construction mine section criminalizes destruction record document object record document tangible object plurality view one object really object whereas object preserves stores information normal rule statutory construction assumes identical words used different parts act passed time intended meaning sorenson secretary treasury internal quotation marks omitted especially true different provisions pertain subject see supra plurality really ca explain instead interprets words used two provisions act addressing basic problem mean fundamentally different things getting nowhere surplusage plurality switches canons hoping noscitur sociis ejusdem generis save see ante see also ante opinion alito first related canons advises words grouped list given similar meanings second counsels general term following specific words embraces things similar kind according plurality latin maxims change english meaning tangible object things like records documents used record preserve information ante understood always canons transformative effect workaday language congress chose initial matter uses noscitur sociis ejusdem generis resolve ambiguity create principles useful rule construction words obscure doubtful meaning russell motor car words clear definition contextual clues support meaning canons properly defeat congress decision draft broad legislation see ali rejecting invocation canons attempt create ambiguity statute text structure suggest none anyway assigning tangible object ordinary meaning comports noscitur sociis ejusdem generis applied attention subject purpose canons require identifying common trait links words statutory phrase see graham county soil water conservation dist ex rel wilson ali responding demand plurality characterizes records documents things preserve information much things provide information thus potentially serve evidence relevant matters review statute pertaining obstruction federal investigations evidentiary function comes fore destruction records documents prevents law enforcement agents gathering facts relevant official inquiries destruction tangible objects whatever kind whether item fisherman ledger undersized fish throwing overboard identical effect administration justice see supra purposes records documents tangible objects therefore alike indeed even plurality ca fully credit argument reasoning apply every law placing word object thing record document noted earlier statutes common phrase appears among places many state laws based model penal code well multiple provisions see supra plurality accepts laws object means object argument superfluity positively depends giving broader reading see ante difference plurality proposes statutes describe less serious offenses see ante distinction affects application noscitur sociis ejusdem generis canons left obscure count one plurality interpretive theories see supra event rationale support plurality willingness give object natural meaning like sets felonies penalties years see canons plurality interpretive world apparently switch whenever convenient plurality invocation verbs nothing buttress argument see ante ante opinion alito plurality observes prohibits falsif ying mak ing false entry tangible object one things say murder weapon fish ante course someone alter destroy mutilate conceal cover tangible object prohibits actions never suggested verbs statute need match nouns see robers slip law require legislators write extra language specifically exempting phrase phrase applications respect portion phrase needed good reason exactly congress sets draft statute broadly include every imaginable variation theme mismatches arise respond narrowing law plurality thus flout congress wrote congress wanted finally else fails plurality invokes rule lenity see ante even robust form rule kicks legitimate tools interpretation exhausted reasonable doubt persists regarding whether congress made defendant conduct federal crime abramski scalia dissenting slip quoting moskal doubt lingers plurality points breadth see ante though breadth equivalent ambiguity section broad also clear every traditional tool statutory interpretation points direction toward object meaning object lenity offers proper refuge straightforward even though capacious concurring opinion shorter vaguer version plurality relies primarily noscitur sociis ejusdem generis canons tries bolster list verbs concludes section title see supra addressing arguments notably even concurrence puts stock plurality superfluity claims familiar materials concurrence arrives following definition object mean something similar records documents ante opinion alito amplifying purported guidance concurrence suggests applying term tangible object keeping neighbor asked identify something similar record document might answer ante ho raise eyebrow concurrence wonders neighbor said crocodile ante courts sometimes say explaining latin maxims words statute interpreted consistent neighbors see locke concurrence takes expression literally meaning hinge odd game mad libs concurrence proposes one reading needs fill blank words records documents congress quite helpfully already adding term tangible object issue case term means concurrence wishes ask neighbor question recommend pertinent one think fish concurrence prefers crocodile tangible object query raise eyebrow neighbor said insisting different question concurrence neglects proper function catchall phrases like tangible object reason congress uses terms precisely reach things concurrence words spring mind mind neighbor important congress ante opinion alito recently explained whole value generally phrased residual term serves catchall matters specifically contemplated known unknowns beaty congress realizes game free association record document never think things including crocodiles fish whose destruction alteration less frequently effectively thwart law enforcement cf stubbs dead crocodiles used evidence support smuggling conviction congress adds general term tangible object exactly things spring mind concurrence suggests term tangible object serves catchall physical evidence ensure beyond question electronic files fall within compass ante claim right congress wishing make certain applies add phrase tangible object opposed say electronic communications judge jury member predictably find tangible object encompasses something virtual compared say something real fish answer term function failsafe concurrence acknowledges one arguments carry day rather takes latin canons plus verbs plus title tip case yates ante sum total three mistaken arguments three mistaken arguments get better combining concurrence ends right plurality except concurrence eschewing rule lenity nothing fall back iii none traditional tools statutory interpretation produce today result accounts plurality offers clue emphasizes disproportionate penalties imposes law read broadly see ante section plurality objects expose individuals prison sentences tampering physical object might evidentiary value federal investigation offense ante brings surface real issue overcriminalization excessive punishment code statute think plurality somewhat though somewhat exaggerates matter plurality omits description requirement person act knowingly intent impede obstruct influence federal law enforcement highlighting maximum penalty plurality glosses absence prescribed minimum let forget yates sentence years days congress presumably enacts laws high maximums minimums thinks prohibited conduct may run gamut major minor assuredly true acts obstructing justice compare case following properly come within fall outside mcrae burning human body thwart murder investigation maury altering cement mixer impede inquiry amputation employee fingers natal dist lexis repainting van cover evidence fatal arson district judges congress knows recognize differences cases prosecutions like one try make punishment fit crime still tend think reasons plurality gives bad law broad undifferentiated maximum penalties give prosecutors much leverage sentencers much discretion go ways unfortunately outlier emblem deeper pathology federal criminal code whatever wisdom folly get rewrite law resolution pros cons whether statute sweep broadly narrowly congress rodgers judges disagree congress choice perfectly entitled say lectures law review articles even dicta entitled replace statute congress enacted alternative design respectfully dissent footnotes yates also charged making false statement federal law enforcement officers violation charge yates acquitted relevant analysis dissent assiduously ignores post insisting congress wrote cover along shredded corporate documents red grouper slightly smaller legal limit reason think meaning tangible objects tangible things see fed rule civ proc discovery prescriptions cited government leads conclusion tangible object encompasses physical evidence existing land sea dissent contends nothing drawn placement chapter ordered chronologically post argument might force factual premise correct congress directed insertion last section chapter dissent argues congress adopted fill post made sense congress codify substance within new rather placing among specialized provisions notably congress added broad ban cf post even though preexisting title provisions related despite sweeping relation language dissent remarkably suggests ordinarily operate th context federal courts department agenc ies post suggestion one expect lacks government endorsement withstand examination senate committee report dissent elsewhere relies see post explained obstructive act within scope done contemplation relation matter investigation report informed meant away distinctions courts read obstruction statutes proceedings investigations regulatory administrative proceedings whether formal less formal government inquiries regardless title ibid doubt remained multiplicity contexts designed apply report added intent provision simple people destroying altering falsifying documents obstruct government function ibid furthermore tangible object read include physical object prohibit conduct proscribed imposes maximum penalty five years prison destroying removing property prevent seizure government see supra dissent contends record document tangible object construed conformity record document object provisions address basic problem post congress prohibited additional actions specific paper electronic documents records actions prohibit congress passed courts already interpreted phrase alter destroy mutilate conceal object apply types physical evidence see applewhaite affirming conviction persuading another person paint blood spatter congress use formulation track one used repeated suggests congress designed interpreted apart lockstep dissent cites mcrae maury natal dist lexis cases covered read post cases supply cause concern persons commit major obstructive acts id go unpunished defendant mcrae police officer seized car containing corpse set fire also convicted conduct sentenced term months imprisonment offense see defendant natal repainted van cover evidence fatal arson also convicted three counts violating sentenced concurrent terms months imprisonment see judgment morales defendant maury company convicted concealing evidence cement mixer safety lock disabled worker fingers amputated also convicted numerous violations including three counts violating concealing evidence worker safety violations see see also atlantic cast iron pipe wl nj setting forth charges company violations company fined millions dollars ordered operate supervision monitor see footnotes alabama alaska wisconsin wyoming trust come similarly use terms tangible objects tangible things statutes rules sorts see code defining landscape architecture include design certain tangible objects features alaska rule civ proc allowing litigants inspect copy test sample tangible things constitute contain discoverable material stat requiring production designated tangible things civil proceedings wyo rule crim proc defining property purposes statute include documents books papers tangible objects lonesome exception chapter chronological order added create civil action protect whistleblowers congress decided place provision right section chapter authorize civil action one protect victims witnesses plurality seizing example says likewise made sense congress codify substance within new ante titled tampering witness victim informant provisions almost protect witnesses intimidation harassment makes perfect sense congress wanted broad ban stand rather part appendage provision plurality objection statement difficult understand take issue hubbard holding federal neither statute referring matter within jurisdiction department agency plurality suggests phrase relation matter somehow changes hubbard result see ante phrase still demands relate matter within jurisdiction department agency excluding courts hubbard commands federal government far tell never brought prosecution litigation private parties instead uses purpose section also applies broadly proceedings relating insurance regulation term official proceeding defined include proceeding involving business insurance whose activities affect interstate commerce insurance regulatory official agency usually apply context state federal agencies handle insurance regulation plurality seeks support argument sentencing commission construction phrase records documents tangible objects ante avail plurality cites note commission manual clarifying phrase used sentencing guidelines includes various electronic information communications storage devices sentencing commission guidelines manual ussg includes following ordinary definition exhaustive commission commentary makes explicit ussg otherwise commission construction encompass paper documents note make plain records documents tangible objects embraces stuff relating digital well material world part lenity argument plurality asserts yates fair warning conduct amounted felony ante see ante stating yates scant reason anticipate felony prosecution throwing fish overboard even plurality view dumping fish potentially federal felony rather see ante event plurality acknowledges ordinary meaning covers yates conduct see ante provision less announces broad scope clearest possible terms ordinary citizen seeks notice statute scope likely focus plain text plurality section number superfluity principle noscitur ejusdem canons concurrence contends noscitur ejusdem canons play unknowns similar known knowns records documents ante noted records documents similar crocodiles fish far concerned potentially useful evidence investigation see supra concurrence never explains similarity relevant one statute aimed