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United States v. Horvath

492 F.3d 1075 (2007), en banc rehearing denied, 522 F.3d 904 (2008)

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United States v. Horvath

United States Court of Appeals for the Ninth Circuit
492 F.3d 1075 (2007), en banc rehearing denied, 522 F.3d 904 (2008)

SR

Facts

William Cody Horvath (defendant) pleaded guilty to the crime of being a fugitive in possession of a firearm. A probation officer interviewed Horvath in order to prepare a pre-sentence report for the judge. During the interview, Horvath told the probation officer that he had served in the Marine Corps, although in fact he had not. Horvath was charged with making a materially false statement in a matter within the jurisdiction of the judicial branch, in violation of 18 U.S.C. § 1001(a)(2). Horvath moved to dismiss the indictment. The district court denied the motion, and Horvath appealed.

Rule of Law

Issue

Holding and Reasoning (Graber, J.)

Dissent (Rymer, J.)

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