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U.S. v. HARRIS

No. 97-10270.

185 F.3d 999 (1999)

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

United States Court of Appeals, Ninth Circuit.

Resubmitted June 18, 1998.

Filed July 30, 1999.

Attorney(s) appearing for the Case

Mary McNamara, Assistant Federal Public Defender, San Francisco, California, for the defendant-appellant.

John D. Lyons, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: WALLACE, T. G. NELSON, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge.

This criminal case raises several questions, including whether the statute criminalizing false statements on ERISA reports 1 is unconstitutionally vague.

FACTS

Harris was president of Harris Realty Company, Inc. His company (he owned a majority interest) had a pension plan for its employees. Pursuant to the plan, the employer was to contribute 12½ of each eligible employee's total compensation...

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