United States v. Robert J. Dulinawka

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert J. DULINAWKA, Defendant-Appellant, No. 95-10080. United States Court of Appeals, Ninth Circuit. Submitted on Briefs Oct. 16, 1995. * Decided Nov. 1, 1995. 1 Before: PREGERSON and FERNANDEZ, Circuit Judges, and McLAUGHLIN, ** District Judge. 2 MEMORANDUM *** 3 Robert J. Dulinawka appeals from his convictions for making false statements to a federal agency in violation of 18 U.S.C. Sec. 1001 and perjury in violation of 18 U.S.C. Sec. 1621 . We have jurisdiction under 28 U.S.C. Sec. 1291 . We reverse in part and affirm in part. 4 * Standard of Review 5 This court reviews de novo a district court's denial of a motion to dismiss on double jeopardy grounds. United States v. Lun, 944 F.2d 642, 644 (9th Cir.1991). "However, factual findings concerning governmental conduct, upon which the denial is based, are reviewed for 'clear error.' " Id. Matters of statutory…