United States v. Karl v. David

OPINION

LUTTIG, Circuit Judge:

Appellant, Karl David, was convicted by a jury of making a false statement on a form *640submitted to the Bureau of Alcohol, Tobacco and Firearms, in violation of 18 U.S.C. § 1001. David now claims that under the Supreme Court’s subsequent decision in United States v. Gaudin, — U.S. -, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), his conviction must be overturned because the district court failed to submit the question of materiality to the jury despite his Fifth and Sixth Amendment rights to have a jury determine every element of the crime with which he was charged. Since…