What is the test for overturning a conviction for giving a false statement to a federal officer?

MultiRegion, United States of America

The following excerpt is from U.S. v. Verduzco-Contreras, 899 F.2d 20 (9th Cir. 1990):

Appellant also contends that his conviction for giving a false statement to a federal officer should be reversed on grounds of materiality. Materiality is an essential element of the offense of making false statements to the United States, prohibited by 18 U.S.C. Sec. 1001. United States v. Valdez, 594 F.2d 725, 728 (9th Cir.1979).

The test for determining the materiality of the false statement is:

"... whether the falsification is calculated to induce action or reliance by an agency of the United States, --is it one that could affect or influence the exercise of governmental functions, --does it have a natural tendency to influence or is it capable of influencing agency decision?" Id. (quoting United States v. East, 416 F.2d 351, 353 (9th Cir.1969)).

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