United States v. Takeo Teraoka

MERRILL, Circuit Judge.

The United States has taken this appeal from order of the district court dismissing an indictment against Appellee Takeo Ter-aoka charging him with entering merchandise into the United States by means of a false statement in violation of 18 U.S.C. § 542. 1 The district court ruled that the alleged false statements were not material in that the merchandise had not been entered “by means of” such statements and that the indictment accordingly did not state a violation of § 542. The question presented is whether the court erred in so ruling. We hold that it did not. 2

Under…