U.S. v. BAUMGARDNER

Nos. 95-2860, 95-3866.

85 F.3d 1305 (1996)

UNITED STATES of America, Appellee, v. Frank BAUMGARDNER, Appellant. UNITED STATES of America, Appellee, v. Frank BAUMGARDNER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1996.


Attorney(s) appearing for the Case

Jane Kelly, Asst. Federal Public Defender, Cedar Rapids, IA, argued, for appellant.

Mary Clare Luxa, Asst. U.S. Atty., Des Moines, IA, for appellee.

Before MAGILL, FLOYD R. GIBSON, and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

Frank Baumgardner appeals from his convictions for making a material false statement to the Social Security Administration (SSA) in violation of 18 U.S.C. § 1001 and for fraudulently concealing his receipt of workers' compensation benefits in violation of 42 U.S.C. § 408(a)(4). He argues that the section 1001 conviction cannot stand because under the recent Supreme Court decision, United States v. Gaudin, ___ U.S. ___, 115 S...

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