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U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman)

Here the Sixth Circuit joined the Second, Fifth, Ninth and Tenth Circuits in holding that materiality is not an element of 18 USC ยง 287, in part because it would set up an incongruous "heads I win, tails you lose" dichotomy.

The defendant argued that materiality is an element of ...

 

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