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U.S. v. McNeil, No. 02-30039 (9th Cir.) (362 F.3d 570) (March 24, 2004) (Judge Proctor Jr. Hug)

A defendant who feigned poverty in a request for a court-appointed public defender can’t be prosecuted for lying on a government application, since such applications are part of a “judicial proceeding” and thus immune from criminal liability under § 1001.

In this case, the Ninth Circuit reversed a conviction for ...

 

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