United States v. Aguilar, 515 U.S. 593, 24 (1995)

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616

UNITED STATES v. AGUILAR

Opinion of Scalia, J.

justice." The fact that there is now some overlap between § 1503 and § 1512 is no more intolerable than the fact that there is some overlap between the omnibus clause of § 1503 and the other provisions of § 1503 itself. It hardly leads to the conclusion that § 1503 was, to the extent of the overlap, silently repealed. It is not unusual for a particular act to violate more than one criminal statute, see, e. g., Gavieres v. United States, 220 U. S. 338, 342 (1911), and in such situations the Government may proceed under any statute that applies, see, e. g., United States v. Batchelder, 442 U. S. 114, 123-124 (1979); United States v. Beacon Brass Co., 344 U. S. 43, 45-46 (1952). It is, moreover, "a cardinal principle of statutory construction that repeals by implication are not favored." United States v. United Continental Tuna Corp., 425 U. S. 164, 168 (1976); see also Posadas v. National City Bank, 296 U. S. 497, 503 (1936).

Finally, respondent posits that the phrase " 'corruptly . . .

endeavors to influence, obstruct, or impede' may be unconstitutionally vague," in that it fails to provide sufficient notice that lying to potential grand jury witnesses in an effort to thwart a grand jury investigation is proscribed. Brief for Respondent 22, n. 13. Statutory language need not be colloquial, however, and the term "corruptly" in criminal laws has a longstanding and well-accepted meaning. It denotes "[a]n act done with an intent to give some advantage inconsistent with official duty and the rights of others. . . . It includes bribery but is more comprehensive; because an act may be corruptly done though the advantage to be derived from it be not offered by another." United States v. Ogle, 613 F. 2d 233, 238 (CA10) (internal quotation marks omitted), cert. denied, 449 U. S. 825 (1980). See also Ballentine's Law Dictionary 276 (3d ed. 1969); Black's Law Dictionary 345 (6th ed. 1990). As the District Court here instructed the jury:

"An act is done corruptly if it's done voluntarily and intentionally to bring about either an unlawful result or a lawful result by some unlawful method, with a hope or

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