ELR Citation: ELR 21526
No(s). 95-4099, -4596 (11th Cir. Jul 24, 1997)

The court holds that the government's failure to state expressly in an indictment of an asbestos remover that materiality is an element of a Clean Air Act (CAA) §113 false statement offense and the district court's subsequent failure to submit the question of materiality to the jury constitute harm...