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U.S. v. WELLS

Nos. 93-3924, 93-3932 and 94-1031.

127 F.3d 739 (1997)

UNITED STATES of America, Appellee/Cross-Appellant, v. Jerry E. WELLS and Kenneth R. Steele, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1997.

Attorney(s) appearing for the Case

James R. Wyrsch, Kansas City, MO (Jacqueline A. Cook and W. Brian Gaddy, on the brief), for appellant.

Matt J. Whitworth, Assistant U.S. Attorney, Kansas City, MO (Marietta Parker, on the brief), for appellee.

Before MORRIS S. ARNOLD, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MELLOY, Chief District Judge.

MELLOY, Chief District Judge

I.

This matter is before the court pursuant to remand from the United States Supreme Court.

In United States v. Wells, ___ U.S. ___, 117 S.Ct. 921, 137 L.Ed.2d 107 (1997), the Supreme Court held that materiality is not an element of 18 U.S.C. § 1014, which makes it a crime to knowingly make a false statement for the purpose of influencing the actions of a federally insured bank. The Supreme Court vacated this...

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