Legal Opinion

United States v. Horvath

Court of Appeals for the Ninth Circuit

Decided July 10, 2007No. 06-30447PublishedCited by 22 opinions

1Opinion of the Court

Opinion by Judge GRABER; Dissent by Judge RYMER.

*1076GRABER, Circuit Judge:

Any person who knowingly and willfully makes a materially false statement to the federal government is subject to criminal liability under 18 U.S.C. § 1001(a). Congress chose to exempt from criminal liability, however, false statements submitted to a judge by a party to a judicial proceeding. 18 U.S.C. § 1001(b). We must decide whether the exception in § 1001(b) for “statements ... submitted by [a] party ... to a judge” encompasses a false statement submitted to the judge in a presen-tence report (“PSR”), when the defendant…

2Cases cited13 opinions

  1. United States v. Harry Jarmar GordonCourt of Appeals for the Tenth Circuit · 1993
  2. United States v. David LeontiCourt of Appeals for the Ninth Circuit · 2003
  3. Hernando Williams v. James Chrans and Neil F. HartiganCourt of Appeals for the Seventh Circuit · 1991
  4. United States v. RogersCourt of Appeals for the Tenth Circuit · 1990
  5. United States v. Michael Francis Johnson, United States of America v. Ricardo Bernard SmithCourt of Appeals for the Fourth Circuit · 1991

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. GianelliCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. ManningCourt of Appeals for the Tenth Circuit · 2008
  3. United States v. DossCourt of Appeals for the Ninth Circuit · 2011
  4. Rodriguez v. SmithCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. HirCourt of Appeals for the Ninth Circuit · 2008

17 more not listed; retrieve them via the Exa API.

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