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Greber v. United States

U.S.
Nov 12, 1985
474 U.S. 988 (1985)

Summary

holding that materiality necessary element of section 1001

Summary of this case from U.S. v. Koenig

Opinion

C.A. 3d Cir. Certiorari denied. Reported below: 760 F. 2d 68.

No. 85-35.

November 12, 1985.


Petitioner Greber was convicted in United States District Court on several counts of making false statements "in any matter within the jurisdiction of any department or agency of the United States." See 18 U.S.C. § 1001. In connection with these convictions, the District Court refused to submit the question of the materiality of Greber's statements to the jury, holding that materiality was a question of law to be decided by the court. The United States Court of Appeals for the Third Circuit affirmed the convictions and upheld the District Court's determination that materiality was a question of law. See 760 F. 2d 68, 72-73 (1985). Other Circuits have also concluded that materiality is a question of law. See, e.g., Nilson Van Storage Co. v. Marsh, 755 F. 2d 362, 367 (CA4), cert. denied, ante, p. 818; United States v. Abadi, 706 F. 2d 178, 180 (CA6), cert. denied, 464 U.S. 821 (1983). Two Circuits, however, have held that materiality under § 1001 is a question of fact and should thus be submitted to the jury. See United States v. Irwin, 654 F. 2d 671, 677, n. 8 (CA10 1981); United States v. Valdez, 594 F. 2d 725, 729 (CA9 1979). I would grant certiorari to resolve this conflict.


Summaries of

Greber v. United States

U.S.
Nov 12, 1985
474 U.S. 988 (1985)

holding that materiality necessary element of section 1001

Summary of this case from U.S. v. Koenig

denying certiorari in United States v. Greber, 760 F.2d 68 (3d Cir. 1985)

Summary of this case from United States v. Taylor

In Greber, Justice White issued a written dissent from denial of certiorari in which he recognized and argued that the Court should resolve the conflict between Abadi and similar cases on the one hand and Valdez and United States v. Irwin, 654 F.2d 671 (10th Cir. 1981), cert. denied, 455 U.S. 1016, 102 S.Ct. 1709, 72 L.Ed.2d 133 (1982), see, e.g., notes 34-35 and accompanying text infra, on the other.

Summary of this case from United States v. Taylor
Case details for

Greber v. United States

Case Details

Full title:GREBER v. UNITED STATES

Court:U.S.

Date published: Nov 12, 1985

Citations

474 U.S. 988 (1985)
106 S. Ct. 396

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