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| False Statements |
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United States v. Manning,
No. 07-5035 (10th Cir., May 16, 2008) (Published): False Statements: Manning plead guilty to Misappropriating Funds as a Fiduciary and was sentenced to 37 months and restitution. However, three years later, the Government found out that Manning had failed to include his $40,000 401(k) retirement account in his statement of net worth to the probation office. He was thus promptly prosecuted for making false statements pursuant to 18 U.S.C. sec. 1001. The District Court dismissed the indictment, finding that the "judicial function" exception applied. However, the Circuit reversed in a fractured opinion authored by Chief Judge Henry, with Judge Gorsuch penning a concurring opinion and Judge Holloway dissenting. Looks like a candidate for en banc review.
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