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U.S. v. KEYS

No. 93-50281.

133 F.3d 1282 (1998)

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

United States Court of Appeals, Ninth Circuit.

January 20, 1998.

Attorney(s) appearing for the Case

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

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

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

TROTT, Circuit Judge:

I

Background

In 1992, Keys was charged with and convicted of perjury, the making of a false declaration in federal court in violation of 18 U.S.C. § 1623(a). 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...

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