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U.S. v. GAUDIN

No. 90-30334.

28 F.3d 943 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Michael E. GAUDIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1994.

Attorney(s) appearing for the Case

Richard Hansen, David Allen, and Todd Maybrown, Allen & Hansen, Seattle, WA, for defendant-appellant.

Kathleen A. Felton, U.S. Dept. of Justice, Washington, DC and Kris A. McLean, Asst. U.S. Atty., Helena, MT, for plaintiff-appellee.

Before: WALLACE, C.J., HUG, TANG, FLETCHER, REINHARDT, BEEZER, KOZINSKI, LEAVY, RYMER, T.G. NELSON, and KLEINFELD, Circuit Judges.

Opinion by Judge HUG; Dissent by Judge KOZINSKI.

HUG, Circuit Judge:

We granted rehearing en banc in United States v. Gaudin, 997 F.2d 1267 (9th Cir.), rehearing granted, 5 F.3d 374 (1993), to decide whether the element of materiality in 18 U.S.C. § 1001 is a question of fact that must be determined by the jury. We hold that it is...

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