Court of Appeals for the Eleventh Circuit December 10, 1999, 92-2929 (United States v. Ellis E. Neder, Jr.)

HULL, Circuit Judge:

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This case is before us on remand from the Supreme Court, for us to consider in the first instance whether the district court’s failure to instruct the jury on materiality as an element of the federal mail fraud, wire fraud, and bank fraud statutes, 18 U.S.C. §§ 1341, 1343, and 1344, respectively, was harmless error.