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U.S. v. DAVID

No. 94-5754.

83 F.3d 638 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Karl V. DAVID, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1996.

Attorney(s) appearing for the Case

ARGUED: Lee W. Kilduff, Morchower, Luxton & Whaley, Richmond, Virginia, for Appellant. N. George Metcalf, Assistant United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael Morchower, Morchower, Luxton & Whaley, Richmond, Virginia, for Appellant. Helen F. Fahey, United States Attorney, Kieran Grennan, Third Year Law Student Intern, Richmond, Virginia, for Appellee.

Before ERVIN, WILKINS, and LUTTIG, Circuit Judges.

OPINION

LUTTIG, Circuit Judge:

Appellant, Karl David, was convicted by a jury of making a false statement on a form submitted to the Bureau of Alcohol, Tobacco and Firearms, in violation of 18 U.S.C. § 1001. David now claims that under the Supreme Court's subsequent decision in United States v. Gaudin, ___ U.S. ____, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), his conviction must be overturned because the...

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