United States v. Michael E. Gaudin
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge HUG; Dissent by Judge KOZINSKI.
HUG, Circuit Judge:
We granted rehearing en banc in United States v. Gaudin, 997 F.2d 1267 (9th Cir.), rehearing granted, 5 F.3d 374 (1993), to de cide whether the element of materiality in 18 U.S.C. § 1001 is a question of fact that must be determined by the jury. We hold that it is.
Michael E. Gaudin was convicted of one count of equity skimming in violation of 12 U.S.C. § 1709-2 for failing to pay United States Housing & Urban Development/Federal Housing Administration (“HUD/FHA”) insured loans, and 48 counts of making false statements on loan…
Also in this document: Dissent.
2Cases cited154 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- In Re WINSHIPSupreme Court of the United States · 1970
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. YoungSupreme Court of the United States · 1985
- Duncan v. LouisianaSupreme Court of the United States · 1968
149 more not listed; retrieve them via the Exa API.
3Cited by159 opinions
- United States v. GaudinSupreme Court of the United States · 1995
- In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
- UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph Eclavea Perez; John Velasco Cruz, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997
- Peterson v. BMI RefractoriesCourt of Appeals for the Eleventh Circuit · 1997
- United States v. Thomas S. Ross and John ColloriCourt of Appeals for the Seventh Circuit · 1996
154 more not listed; retrieve them via the Exa API.