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U.S. v. DE CASTRO

No. 95-4648.

104 F.3d 1289 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Maria J. DE CASTRO, a.k.a. Fifi, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 5, 1997.

Attorney(s) appearing for the Case

G. Richard Strafer, Quinon & Strafer, P.A., Miami, FL, for appellant.

Dawn Bowen, Kathleen Salyer, Asst. U.S. Attys., Miami, FL, for appellee.

Before TJOFLAT and BLACK, Circuit Judges, and REAVLEY, Senior Circuit Judge.

REAVLEY, Senior Circuit Judge:

Appellant Maria De Castro complains that the district court erred in failing to let the jury decide the element of materiality in her trial for making false statements in violation of 18 U.S.C. § 1010. We conclude that materiality is an element of this crime, but that failing to submit this element to the jury was harmless error. We also conclude that the admission of evidence regarding a government investigation was not plain error...

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