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NEDER v. UNITED STATES

No. 97-1985.

527 U.S. 1 (1999)

NEDER v. UNITED STATES

United States Supreme Court.

Decided June 10, 1999.

Attorney(s) appearing for the Case

Javier H. Rubinstein argued the cause for petitioner. With him on the briefs were Gary S. Feinerman and Noel G. Lawrence.

Roy W. McLeese III argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, and Deputy Solicitor General Dreeben.*

Rehnquist, C. J., delivered the opinion for a unanimous Court with respect to Parts I and III, and the opinion of the Court with respect to Parts II and IV, in which O'Connor, Kennedy, Thomas, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in part and concurring in the judgment, p. 25. Scalia, J.,filed an opinion concurring in part and dissenting in part, in which Souter and Ginsburg, JJ., joined, p. 30.

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner was tried on charges of violating a number of federal criminal statutes penalizing fraud. It is agreed that the District Court erred in refusing to submit the issue of materiality to the jury with respect to those charges involving tax fraud. See United States v.Gaudin, 515 U.S. 506 (1995). We hold that the harmless-error rule of Chapman v....

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