United States Ninth Circuit

Because defendant's false financial statements, submitted to support his request for court-appointed counsel, were made in a judicial proceeding, they are not subject to prosecution under 18 U.S.C. section 1001. His conviction is therefore reversed.

Appellate Information

• Argued 01/06/2004
• Decided 03/24/2004
• Published 03/24/2004

Judges

• HUG, Circuit Judge:, Before:  HUG, GRABER, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• J. Mayo Ashley, Helena, MT, for the defendant-appellant., William W. Mercer, United States Attorney, Billings, MT, for the plaintiff-appellee.