UNITED STATES v. SMITH

No. 83-5200.

740 F.2d 734 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald C. SMITH, M.D., Robert Miltimore and Donald F. Mitchell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1984.


Attorney(s) appearing for the Case

Richard R. Romero, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellant.

Mark Heaney, Richard D. Burda, Los Angeles, Cal., for defendants-appellees.

Before WALLACE, TANG and SKOPIL, Circuit Judges.


TANG, Circuit Judge:

The government appeals the dismissal of an indictment charging the defendants with nine counts of causing false statements to be made to the government and with five counts of failure to maintain accurate drug testing records. The following issues are raised in this appeal: First, whether a federal agency must receive a false statement in order to trigger the statute of limitations for a violation of 18 U.S.C. § 1001; and second, whether...

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