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U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes)

Article • December 1, 2009

Filed under: Punch And Jurists, Materiality

U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes) by Defendant's conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. § 1542 does not require that the false statement on a passport application …

U.S. v. Carroll, No. 02-2633 (7th Cir.) (346 F.3d 744) (October 7, 2003) (Judge William J. Bauer)

Article • November 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Materiality

U.S. v. Carroll, No. 02-2633 (7th Cir.) (346 F.3d 744) (October 7, 2003) (Judge William J. Bauer) by Here the Court vacated a 262 month sentence and remanded for resentencing at a much lower range, finding the various upward departures recommended by the prosecutor and imposed by the court were …

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter)

Article • July 22, 2003

Filed under: Punch And Jurists, Materiality

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter) by Two years after the Supreme Court Court's decision in U.S. v. Gaudin, 515 U.S. 506, the Court held that materiality of a falsehood is not an essential element of a …

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia)

Article • April 2, 2000

Filed under: Punch And Jurists, Materiality

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia) by The Court held that a trial court's refusal to submit the issue of the materiality of a defendant's false statements to the jury infringed on the defendant's right to have …

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (197 F.3d 1122) (December 10, 1999) (Judge Frank May Hull) by On remand from the Supreme Court's decision in Neder v. U.S., 527 U.S. 1 (1999), the Court held that the district court's failure to instruct the jury on materiality as an element …

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam)

Article • December 21, 1999

Filed under: Punch And Jurists, Materiality

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam) by In this case, the Supreme Court held that a prosecutor has no constitutional duty even to disclose to a criminal defendant the fact that a witness against him has "failed" …

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

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Materiality

U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman) by Here the Sixth Circuit joined the Second, Fifth, Ninth and Tenth Circuits in holding that materiality is not an element of 18 USC § 287, in part because it would set up …

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull) by Joining the First, Fifth, Seventh and Ninth Circuits, the Eleventh Circuit held that the question of materiality under 26 USC § 7206(1) is for the jury - and not for the trial …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Materiality

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by To date, Four other circuits have held that materiality is not an element of § 287. See United States v. Nash, 175 F.3d 429 (6th Cir. 1999); United States v. Taylor, …

U.S. v. Klausner, No. 95-1451, No. 862 (2nd Cir.) (80 F.3d 55) (March 27, 1996) (Judge Roger J. Miner)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Materiality

U.S. v. Klausner, No. 95-1451, No. 862 (2nd Cir.) (80 F.3d 55) (March 27, 1996) (Judge Roger J. Miner) by See, for example, U.S. v. Neder, 136 F.3d 1459, 1464 (11th Cir. 1998), where the Eleventh Circuit observed that every other Circuit addressing the issue have held that materiality under …

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Materiality

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss) by Case held that failure to submit to jury the issue of the materiality of statements made by the defendant was reversible error.

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Materiality

U.S. v. McGuire, No. 94-60648 (5th Cir.) (79 F.3d 1396) (March 26, 1996) (Judge Harold R. Jr. DeMoss) by This case shows the importance of the Supreme Court's recent ruling in U.S. v. Gaudin, 132 L.Ed.2d 444 (1995). Here, the defendant was convicted of filing a false IRS form 8300 …