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UNITED STATES v. McINTOSH

No. 80-3793.

655 F.2d 80 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. C. Arthur McINTOSH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied October 6, 1981.

Attorney(s) appearing for the Case

Grady F. Tollison, Jr., Oxford, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Alfred E. Moreton, Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before CHARLES CLARK, TATE and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 6, 1981.

CHARLES CLARK, Circuit Judge.

C. Arthur McIntosh, a Cleveland, Mississippi attorney, appeals his judgment of conviction for making false statements to the Farmers Home Administration (FmHA) in violation of 18 U.S.C. section 1001. McIntosh argues that the Government failed to prove his false statement was "material" as required by section 1001. He also contends that he was prejudiced by the district court...

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