ORDER
ALLEY, District Judge.
Before the Court is defendant John Michael Gassaway's Motion Pursuant to 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence filed December 30, 1996. The motion is based on a Supreme Court decision that overturned long-standing authority in this circuit and restored to jury determination the "materiality" element of an offense under 18 U.S.C. § 1001: United States v. Gaudin,
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