UNITED STATES v. TERAOKA

No. 81-1604.

669 F.2d 577 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Takeo TERAOKA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1982.

Rehearing Denied May 24, 1982.


Attorney(s) appearing for the Case

Herbert B. Hoffman, Sp. Asst. U. S. Atty., San Francisco, Cal., for the U. S.

James J. Brosnahan, Morrison & Foerster, San Francisco, Cal., argued, for defendant-appellee; Michael Brooks Carroll, Morrison & Foerster, San Francisco, Cal., on brief.

Before MERRILL and WRIGHT, Circuit Judges, and EAST, District Judge.


MERRILL, Circuit Judge.

The United States has taken this appeal from order of the district court dismissing an indictment against Appellee Takeo Teraoka charging him with entering merchandise into the United States by means of a false statement in violation of 18 U.S.C. § 542.1 The district court ruled that the alleged false statements were not material in that the merchandise had not been entered "by means of" such statements and...

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