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U.S. v. MANDANICI

Docket No. 99-2059.

205 F.3d 519 (2000)

UNITED STATES of America, Respondent-Appellee, v. John C. MANDANICI, Jr., Petitioner-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 23, 2000

Attorney(s) appearing for the Case

Brian E. Spears, Assistant United States Attorney for the District of Connecticut (Stephen C. Robinson, United States Attorney for the District of Connecticut, of counsel), for Respondent-Appellee.

James J. Ruane, Bridgeport, CT, for Petitioner-Appellant.

Before: OAKES, KEARSE and CABRANES, Circuit Judges.

Judge KEARSE concurs in the opinion and judgment of the Court, and files a concurring opinion.

JOSE A. CABRANES, Circuit Judge:

The principal question presented, as a matter of first impression, is whether the change in the law of this Circuit following United States v. Gaudin, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), to require proof of materiality beyond a reasonable doubt for conviction under 18 U.S.C...

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