United States v. Andrew Lange, D/B/A Lange Construction Company

GEWIN, Circuit Judge:

Appellant Andrew Lange was indicted and tried as an individual 1 for making a false statement in a matter within the jurisdiction of a federal agency in violation of 18 U.S.C. § 1001. 2 After the trial judge denied his motion for a directed verdict of acquittal, Lange was convicted by the jury. His sentence was suspended and he was placed on active probation for 24 months. During its deliberations, the jury sent a note to the court stating that it was “Hung up.” The judge requested the jury to continue to deliberate and the guilty verdict was returned thereafter.

The tone…