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U.S. v. FRIEDHABER

No. 86-5657.

856 F.2d 640 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. James Arthur FRIEDHABER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 9, 1988.

Attorney(s) appearing for the Case

John Stuart Bruce, Asst. U.S. Atty., Chief Criminal Section (Samuel T. Currin, U.S. Atty., Kieran Joseph Shanahan, Asst. U.S. Atty. Raleigh, N.C., on brief), for plaintiff-appellant.

William Joseph Boney, Jr. (Mason & Boney Wilmington, N.C., on brief), for defendant-appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting en banc.

K.K. HALL, Circuit Judge:

At his trial in September of 1986, James Arthur Friedhaber was found guilty by a jury of making false statements to a grand jury of the United States in violation of 18 U.S.C. § 1623. The district judge, however, set aside the verdict and entered an order of acquittal pursuant to Fed.R.Crim.P. 29(b), concluding that Friedhaber's false statements had not been "material." The United States appealed and a divided panel of this Court affirmed...

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