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U.S. v. HORVATH

No. 06-30447.

492 F.3d 1075 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. William Cody HORVATH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2007.

Attorney(s) appearing for the Case

Daniel R. Wilson, Measure, Robbin & Wilson, P.C., Kalispell, MT, for the defendant-appellant.

Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

Before: HARRY PREGERSON, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.

Opinion by Judge GRABER; Dissent by Judge RYMER.

GRABER, Circuit Judge:

Any person who knowingly and willfully makes a materially false statement to the federal government is subject to criminal liability under 18 U.S.C. § 1001(a). Congress chose to exempt from criminal liability, however, false statements submitted to a judge by a party to a judicial proceeding. 18 U.S.C. § 1001(b). We must decide whether...

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