Court of Appeals for the Eighth Circuit October 14, 1997, 93-3924, 93-3932 and 94-1031 (United States of America, Appellee/cross-Appellant v. Jerry E. Wells and Kenneth R. Steele, Appellant/cross-Appellee)

MELLOY, Chief District Judge

I.

This matter is before the court pursuant to remand from the United States Supreme Court.

In

United States v. Wells,

— U.S. -, 117 S.Ct. 921, 137 L.Ed.2d 107 (1997), the Supreme Court held that materiality is not an element of 18 U.S.C.