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U.S. v. SCHULTE

No. 12-1239.

741 F.3d 1141 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. George John SCHULTE, a/k/a John Schulte, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 21, 2014.

Attorney(s) appearing for the Case

Thomas L. Kirsch, II , ( Steffen N. Johnson , Washington, DC; Michael A. Skokna , Andrew J. Yahkind , Benjamin L. Ellison , Chicago, IL, with him on the brief) of Winston & Strawn LLP, Chicago, IL, for Defendant-Appellant.

James C. Murphy , Assistant U.S. Attorney, ( John F. Walsh , United States Attorney, Jaime A. Pena , Tim R. Neff , Assistant U.S. Attorneys, with him on the brief) U.S. Attorney's Office, District of Colorado, Denver, CO, for Plaintiff-Appellee.

Before KELLY, McKAY, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

John Schulte appeals from his conviction on one charge of making a false statement to the government. See 18 U.S.C. § 1001(a). The charge alleged he made five false statements during a voluntary interview with a United States Food and Drug Administration (FDA) agent while a search warrant was being executed at the offices of Schulte's employer, Spectranetics. Schulte claims two of the charged statements were not false, and therefore...

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