Emmanual Blaz Mrkonjic-ruzic, Appellant, v. United States of America, Appellee, 402 F.2d 836 (9th Cir. 1969)

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U.S. Court of Appeals for the Ninth Circuit - 402 F.2d 836 (9th Cir. 1969) October 24, 1968
Rehearing Denied December 2, 1968
Judgment Vacated April 1, 1969
See 89 S. Ct. 1222

Gregory S. Stout (argued), San Francisco, Cal., for appellant.

Wm. Shubb (argued), Asst. U.S. Atty., John P. Hyland, U.S. Atty., Sacramento, Cal., Cecil F. Poole, U.S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:


Appellant was properly charged. Conerly v. United States, 350 F.2d 679 (9th Cir. 1965).

Appellant's answer in the negative in response to an inquiry constituted a false representation under 18 U.S.C. § 1001. Tzantarmas v. United States, 402 F.2d 163 (9th Cir. 1968); Brandow v. United States, 268 F.2d 559 (9th Cir. 1959).

Appellant was not deprived of a fair trial by reason of the District Court's response to provocative conduct on the part of appellant's trial counsel.

Judgment affirmed.

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