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U.S. v. HART

No. 01-10220.

291 F.3d 1084 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ellenrose Louise HART, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2002.

Attorney(s) appearing for the Case

Anthony P. Capozzi, Fresno, CA, for the defendant-appellant.

Sheila K. Oberto, Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.

Before RYMER, KLEINFELD and McKEOWN, Circuit Judges.

OPINION

PER CURIAM.

This appeal presents the question whether materiality is an element of the crime of making a false statement in an application for a United States passport in violation of 18 U.S.C. § 1542. We have implicitly indicated that it is not, see United States v. Suarez-Rosario, 237 F.3d 1164, 1167(9th Cir.2001), and now explicitly hold that proof...

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