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UNITED STATES v. KRAUSE

No. 74-1402.

507 F.2d 113 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph KRAUSE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 4, 1975.

Attorney(s) appearing for the Case

Neal R. Sonnett, David A. Russell, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., Mervyn Hamburg, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

After a trial to a jury, appellant was convicted of making a false statement in violation of 18 U.S.C. § 1001 (1966)1 and was sentenced to imprisonment for three months, followed by two years probation. Krause, the defendant below, appeals, alleging that his unsworn responses to questions propounded by a National Labor Relations Board Hearing Officer at a formal hearing did not constitute a "statement...

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