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U.S. v. NEDER

No. 92-2929.

197 F.3d 1122 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ellis E. NEDER, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 10, 1999.

Attorney(s) appearing for the Case

Thomas Benjamin Nachbar, Mayer, Brown & Platt, Chicago, IL, Noel G. Lawrence, Noel G. Lawrence, P.A., Jacksonville, FL, for Defendant-Appellant.

Tamra Phipps, Tampa, FL, Charles Lee Truncale, Jacksonville, FL, for Plaintiff-Appellee.

Before TJOFLAT and HULL, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

HULL, Circuit Judge:

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This case is before us on remand from the Supreme Court, for us to consider in the first instance whether the district court's failure to instruct the jury on materiality as an element of the federal mail fraud, wire fraud, and bank fraud statutes, 18 U.S.C. §§ 1341, 1343, and 1344, respectively, was harmless error.1 Neder v. United States...

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