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U.S. v. JOHNSON

No. 90-5235.

937 F.2d 392 (1991)

UNITED STATES of America, Appellee, v. Clayton JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Robert Brunig, Minneapolis, Minn., argued (John S. Foster, Grand Forks, N.D., on brief), for appellant.

Vicki Aldridge, Asst. U.S. Atty., argued (Dennis Fisher, Asst. U.S. Atty., on brief), Fargo, N.D., for appellee.

Before LAY, Chief Judge, FAGG, Circuit Judge, and WRIGHT, District Judge.

LAY, Chief Judge.

Clayton Johnson appeals his conviction after a jury trial on two counts of making false, fictitious and fraudulent statements to a government agency in violation of 18 U.S.C. § 1001 (1989).1 On appeal he argues, inter alia, that there was insufficient evidence that the statements were material. We reverse with order to dismiss the judgment of conviction on Count II, and order a new trial on Count I.

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