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UNITED STATES v. CARR

No. 980, Docket 78-1053.

582 F.2d 242 (1978)

UNITED STATES of America, Appellee, v. Allen CARR, Appellant.

United States Court of Appeals, Second Circuit.

Decided August 10, 1978.

Attorney(s) appearing for the Case

Hal Meyerson, New York City, for appellant.

Shira A. Scheindlin, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty. for the Eastern District of New York, Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before OAKES, Circuit Judge, and BLUMENFELD and MEHRTENS, District Judges.

OAKES, Circuit Judge:

An individual walks into a bank and signs a loan application using a name, Social Security number and address not his own. He is prosecuted for knowingly making materially false statements in the application in violation of 18 U.S.C. §§ 10141 and 2.2 The question presented is whether the Government must plead and prove either that the person named did not exist or that if he...

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