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U.S. v. SAYBOLT

Nos. 07-4392, 07-4429.

577 F.3d 195 (2009)

UNITED STATES of America v. John SAYBOLT, Appellant in No. 07-4392. Kenneth Welch, Appellant in No. 07-4429.

United States Court of Appeals, Third Circuit.

Filed August 18, 2009.

Attorney(s) appearing for the Case

Daniel I. Siegel, Esq. (Argued), Office of the Federal Public Defender, Wilmington, DE, for John Saybolt.

Andrew F. Erba, Esq. (Argued), Williams, Cuker & Berezofsky, Philadelphia, PA, for Kenneth Welch.

Pamela Foa (Argued), Office of the United States Attorney, Philadelphia, PA, for the United States of America.

Before: SCIRICA, Chief Judge, AMBRO, and SMITH, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Appellants John Saybolt and Kenneth Welch were convicted of crimes stemming from their participation in a conspiracy to file multiple false, fictitious, or fraudulent claims with the Internal Revenue Service ("IRS"), in violation of 18 U.S.C. §§ 286, 287, and 2. On appeal, both challenge the District Court's failure to dismiss the Indictment on the grounds that it did not allege materiality, which they argue is an...

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