United States Ninth Circuit

In a prosecution for knowingly and willfully makes a materially false statement to the federal government, denial of defendant's motion to dismiss the indictment is reversed as: 1) defendant's false statement to a probation officer was submitted, as required by law, to the district court in a presentence report (PSR), in connection with a judicial proceeding to which he was a party; and 2) such statement fell within the exemption from criminal liability codified in 18 U.S.C. section 1001(b).

Appellate Information

• Argued 05/11/2007
• Decided 07/10/2007
• Published 07/10/2007

Judges

• Before:  HARRY PREGERSON, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel R. Wilson, Measure, Robbin & Wilson, P.C., Kalispell, MT, for the defendant-appellant., Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.