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U.S. v. KEYS

No. 93-50281.

95 F.3d 874 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Curtis KEYS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Errol H. Stambler, Los Angeles, California, for defendant-appellant.

John P. Elwood, United States Department of Justice, Washington, D.C.; Miriam A. Krinsky, Stefan D. Stein, Assistant United States Attorneys, Los Angeles, California, for plaintiff-appellee.

Before: HUG, Chief Judge, BROWNING, FLETCHER, PREGERSON, JOHN T. NOONAN, Jr., THOMPSON, LEAVY, TROTT, T.G. NELSON, KLEINFELD, and TASHIMA, Circuit Judges.

TROTT, Circuit Judge:

Keys was charged with the crime of having made as a witness a false declaration in federal court in violation of 18 U.S.C. § 1623(a), also known as perjury. The statutory "materiality" element of this offense, however, was not submitted for decision to the jury, but, with the assent of both parties, to the trial judge. This practice reflected the established law of this circuit at the time of the trial. After the judgment of conviction,...

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