United States v. Manning

526 F.3d 611 (2008)

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United States v. Manning

United States Court of Appeals for the Tenth Circuit
526 F.3d 611 (2008)

  • Written by Sharon Feldman, JD

Facts

Manning (defendant) was convicted of a federal crime. Before sentencing, Manning was interviewed by the United States probation officer who was preparing the presentence report. When asked about his net worth, Manning failed to disclose his 401(k) retirement plan. The probation officer prepared Manning’s net worth statement and presentence report based on Manning’s representations. Manning was indicted for making a materially false statement in violation of 18 U.S.C. § 1001 based on the omission of the 401(k) plan. The district court ordered the parties to address whether the judicial-function exception in 18 U.S.C. § 1001(b) was applicable. The court concluded that the exception did apply because the probation officer was acting in a judicial rather than an administrative capacity. The court dismissed the indictment. The United States (plaintiff) appealed.

Rule of Law

Issue

Holding and Reasoning (Henry, C.J.)

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