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United States Second Circuit


US v. WHAB, 02-1541

Defendant unsuccessfully appeals his conviction, arising from false statements made and false writings presented in applying for a US passport. There was no plain error in failing to instruct the jury that "willfully" as used in 18 U.S.C. section 1001 requires a defendant's specific knowledge that lying to a federal agent is criminal.

Appellate Information

  • Decided 02/05/2004
  • Published 02/05/2004

Judges

  • JOSÉ A. CABRANES, Circuit Judge., Before:  CABRANES and RAGGI, Circuit Judges, and MUKASEY, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Tina Schneider, Portland, ME, for Appellant.

  • For Appellees:
  • Jonathan B. Leiken, Assistant United States Attorney (Laura Grossfield Birger, Assistant United States Attorney, of counsel;  James B. Comey, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.
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