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UNITED STATES v. MILLER

No. 79-5214.

658 F.2d 235 (1981)

UNITED STATES of America, Appellee, v. John T. MILLER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1981.

Attorney(s) appearing for the Case

James H. Moss, Beaufort, S. C. (Moss, Bailey, Dore & Jessee, Beaufort, S. C., on brief), for appellant.

Wm. Howell Morrison, Asst. U. S. Atty., Charleston, S. C. (Thomas E. Lydon, Jr., U. S. Atty., Lionel S. Loften, Asst. U. S. Atty., Charleston, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and MURNAGHAN, Circuit Judges.

BUTZNER, Circuit Judge:

John T. Miller appeals his conviction for making a fraudulent representation to an agency of the United States in violation of 18 U.S.C. § 1001.1 Because we find merit in his contention that the district court erred in failing to charge the jury specifically on the defense of reliance on expert advice, we reverse and remand for a new trial.

I

Miller was indicted for falsely representing to...

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