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UNITED STATES v. LAMBERT

No. 71-3453.

470 F.2d 354 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Fred LAMBERT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 17, 1973.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., (court appointed), Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Bernard H. Dempsey, Jr., Claude H. Tison, Jr., Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, TUTTLE and INGRAHAM, Circuit Judges.

Rehearing En Banc Granted April 17, 1973.

TUTTLE, Circuit Judge:

This appeal involves the question of the applicability of 18 U.S.C. § 1001, which makes it a crime knowingly and willfully to make a false statement in any matter within the jurisdiction of any department or agency of the United States, to statements made to the Federal Bureau of Investigation (hereafter FBI). Appellant Lambert was convicted under this statute and sentenced to two years...

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