United States v. Pamela M. Manapat

928 F.2d 1097, 1991 U.S. App. LEXIS 6192, 1991 WL 44204
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 18, 1991
Docket88-4029
StatusPublished
Cited by28 cases

This text of 928 F.2d 1097 (United States v. Pamela M. Manapat) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pamela M. Manapat, 928 F.2d 1097, 1991 U.S. App. LEXIS 6192, 1991 WL 44204 (11th Cir. 1991).

Opinions

KRAVITCH, Circuit Judge:

Appellee Pamela M. Manapat was indicted for violating 18 U.S.C. § 1001, which prohibits “knowingly and willfully” making false statements to any department or agency of the United States.

I. Background

The case arose after Manapat submitted an application for an Airman Medical Certificate to the Federal Aviation Administration. On the application form, Manapat checked “No” to two questions asking for “Record of traffic convictions” and “Record of other convictions.” In fact, she had been convicted three times prior to filling out the form.

Manapat moved to dismiss the indictment, arguing that the application form was ambiguous and misleading. Item 21 of the form was entitled “MEDICAL HISTORY.” Item 21 then contained four columns, each with the heading “Condition.” The form instructed the applicant to check “Yes” or “No” to whether or not the applicant had had any of the “conditions” listed. The twenty-four item list started with “Frequent or severe headaches,” “Dizziness or fainting spells,” “Unconsciousness [1099]*1099for any reason,” and proceeded to list many other medical conditions. The twenty-second and twenty-third items listed, however, were “Record of traffic convictions,” and “Record of other convictions.” The final item was “Other illnesses.” See Appendix. The district court originally denied the motion to dismiss, but then reconsidered the motion sua sponte. After making the following statement from the bench, the trial judge dismissed the indictment:

I have determined that it is a matter of fundamental fairness. And the way their question has been put on this form, which is basically to determine medical conditions, is fundamentally unfair; that the way it is put is vague. It is misleading and confusing. It is ambiguous, and the way it is configured in the form amounts to a trick question; and I think it is fundamentally unfair to base a felony prosecution on any answers that may be given by anybody on this form. And it is so fundamentally unfair that it amounts to a denial of due process.

II. Discussion

The district court dismissed the indictment upon its conclusion that the application form was ambiguous as a matter of law. Our review of the dismissal is therefore plenary. See United States v. Torkington, 812 F.2d 1347, 1354 (11th Cir.1987).

The issue of ambiguous questions has rarely arisen in cases brought under 18 U.S.C. § 1001. Several other federal statutes, however, prohibit making false statements in other contexts. See, e.g., 18 U.S.C. § 1014 (false statements intended to influence a financial institution); 18 U.S.C. § 1623 (false statements to a grand jury or court (perjury)). The reasoning in cases concerning those statutes is equally applicable to the issue in this case, and we therefore look to those cases to guide our inquiry.

Judge Ely of the Ninth Circuit noted a number of years ago the unfairness of convicting a defendant for giving a possibly false answer to a vague question:

I do not think it proper to indict and prosecute an individual for perjury when the questions forming the basis of the charge are so vaguely and inarticulately phrased by the interrogator as to require the jury to probe the inner workings of the accused’s mind to seek to ascertain which of several plausible meanings he attributed to the ambiguous inquiries when he gave the allegedly per-jurious responses.

United States v. Cook, 497 F.2d 753 (9th Cir.1972) (Ely, J., dissenting) (emphasis original), majority opinion withdrawn by and dissenting opinion cited approvingly in, 489 F.2d 286 (9th Cir.1973). The Supreme Court agreed with this reasoning shortly thereafter: “Precise questioning is imperative as a predicate for the offense of perjury.” Bronston v. United States, 409 U.S. 352, 362, 93 S.Ct. 595, 602, 34 L.Ed.2d 568 (1973).

This court has held that when a question is “arguably ambiguous,” “the defendant’s understanding of the question is a matter for the jury to decide.” United States v. Bell, 623 F.2d 1132, 1136 (5th Cir.1980);1 see also United States v. Thompson, 637 F.2d 267, 270 (5th Cir.1981). Both parties agree, however, that “[w]hen a line of questioning is so vague as to be ‘fundamentally ambiguous,’ the answers associated with the questions posed may be insufficient as a matter of law to support [a] perjury conviction.” United States v. Lighte, 782 F.2d 367 (2d Cir.1986). See also United States v. Bonacorsa, 528 F.2d 1218, 1221 (2d Cir.1976) (“Absent fundamental ambiguity or impreciseness in the questioning, the meaning and truthfulness of appellant’s answer was for the jury.”); United States v. Yasak, 884 F.2d 996, 1003 (7th Cir.1989) (fundamental ambiguity requires court to take question away from jury); United States v. Ryan, 828 F.2d 1010, 1015 (3d Cir.1987) (same); United States v. Martellano, 675 F.2d 940, 943 [1100]*1100(7th Cir.1982) (same). Because the district court dismissed the indictment, rather than allowing the issue to go to trial, we must determine whether the application form was so fundamentally ambiguous as to preclude a conviction as a matter of law.

The practice of dismissing perjury indictments based on fundamentally ambiguous questions originated in United States v. Lattimore, 127 F.Supp. 405 (D.D.C.), aff'd by an equally divided court, 232 F.2d 334 (D.C.Cir.1955). In Lattimore, the court recognized that “[wjhile the proper test of perjury is subjective, insofar as it is based upon the understanding of the witness himself regarding the words that he used, a criminal prosecution must have certain objective standards.” Id. at 409. Thus, a question or phrase is ambiguous as a matter of law when it “is not a phrase with a meaning about which men of ordinary intellect could agree, nor one which could be used with mutual understanding by a questioner and answerer unless it were defined at the time it were sought and offered as testimony.” Id. at 410. See also Ryan, 828 F.2d at 1015; Lighte, 782 F.2d at 375.

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Bluebook (online)
928 F.2d 1097, 1991 U.S. App. LEXIS 6192, 1991 WL 44204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pamela-m-manapat-ca11-1991.