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UNITED STATES v. SMITH

No. 74-2343.

523 F.2d 771 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Oakley G. SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing February 13, 1976.

Attorney(s) appearing for the Case

Paul A. Louis, William A. Meadows, Jr., Phillip T. Weinstein, Paul Siegel, Neil A. Shanzer, Sinclair, Louis & Siegel, Miami, Fla., for defendant-appellant.

Ronald Rose, Gary L. Betz, Sp. Attys., Dept. of Justice, Miami, Fla., Thaddeus B. Hodgdon, Crim. Div., App. Section, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BELL, DYER and SIMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc February 13, 1976.

SIMPSON, Circuit Judge:

Oakley G. Smith was charged in a nine count indictment with having violated three federal statutes, one count relating to each offense for each of three successive years. Counts One through Three alleged appellant had, in violation of Title 18, U.S.C. Section 1001, made false statements as to a material matter within the jurisdiction of the United States Department...

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