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WALDEMER v. U.S.

No. 96-1119.

106 F.3d 729 (1996)

Mark WALDEMER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1996.

As Amended on Denial of Rehearing January 16, 1997.

Attorney(s) appearing for the Case

Douglas B. McKechan, Mark B. Moran, argued, McKechan & Moran, Granite City, IL, for Petitioner-Appellant.

W. Charles Grace, Office of the U.S. Attorney, Criminal Div., Fairview Heights, IL, Frank J. Marine, argued, Robert C. Blume, U.S. Department of Justice, Organized Crime and Racketeering Section, Washington, DC, for Respondent-Appellee.

Before BAUER, FLAUM and KANNE, Circuit Judges.

PER CURIAM.

On December 9, 1993, at the end of a three-day trial, a jury found Mark Waldemer guilty of making a "false material declaration" to the grand jury in violation of 18 U.S.C. § 1623. One of the elements of this offense that the government was required to prove beyond a reasonable doubt was that Waldemer's declaration was material to the grand jury's investigation. Because at the time of trial it was well settled in this circuit that the existence of...

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