Horvath

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30447 Plaintiff-Appellee, v.  D.C. No.

CR-06-00004-DWM

WILLIAM CODY HORVATH,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted May 11, 2007—Portland, Oregon

Filed July 10, 2007

Before: Harry Pregerson, Pamela Ann Rymer, and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber; Dissent by Judge Rymer

8217 8220 UNITED STATES v. HORVATH

COUNSEL

Daniel R. Wilson, Measure, Robbin & Wilson, P.C., Kalis- pell, Montana, for the defendant-appellant.

Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

OPINION

GRABER, Circuit Judge:

Any person who knowingly and willfully makes a materi- ally false statement to the federal government is subject to criminal liability under 18 U.S.C. § 1001(a). Congress chose to exempt from criminal liability, however, false statements submitted to a judge by a party to a judicial proceeding. 18 U.S.C. §…