No. 88-5944.

881 F.2d 318 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Larry GIBSON, d/b/a Reid & Gibson Texaco, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Terry Cushing, argued, David Grise, Asst. U.S. Atty., Louisville, Ky., for plaintiff-appellee.

Scott T. Wendelsdorf, argued, Ogden & Robertson, Louisville, Ky., for defendant-appellant.

Before: MERRITT and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

Defendant Larry Gibson appeals from a conviction for conspiracy, in violation of 18 U.S.C. § 371, to violate 18 U.S.C. § 1001 by making a false statement in a matter within the jurisdiction of a federal agency. Citing Tanner v. United States, 483 U.S. 107, 107 S.Ct. 2739, 97 L.Ed.2d 90 (1987), the defendant argues that his conviction must be reversed because the United States was not...

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