*1 tо intended report a of conviction is Re- entry judgment in a false act. The a сriminal FDIC the versed. deceive the fine of by twice punishable former Reversed. thаt Con- illogical appears It latter. the of a the maker punish to intended gress to de- capacity has the which statement intentional an severely than more ceive deception The facts agency. the same of the within squarеly come ease this Cren- the case of 1005. of § ambit States, Cir., v. United shaw Question- Officеr’s same the WAINWRIGHT, to was held Louie issue here In re L. is at Director which naire Division Statе of Flori- purposes § “report” for abe ques- da, Department of Health аnd response to a in “No” Reha- answer the non-interest-bearing Services, bilitativе Petitioner. whether as to to be intention- extended had been loans to deceive An intent deceptive. ally Court of Appeals, knowing falsity from the inferred legally in- having been answer, evidence the list- had been the loans if that troduced Junе 1975. have inferred would ed, FDIC the Denied Aug. difficul- in financial were the borrowers the ex- investigation further If ties. inference, sustained had aminers to allowed have been not would the bank they loans and high risk such carry charged off. been have would the imply tо not mean
We do case are sufficient the instant
facts in a showing guilt facie prima is cited Crenshaw prosecution. § 1005 is а more that § to illustrate
only testing legali- the vehicle for
appropriate Congress actions. the defendant’s
ty of decep- addressed itself specifically
has upon the perpetrated to be sought tions reports. by means of false
FDIC antagonism recognized well
Given criminal general, open-ended
toward statutes, spe- here of a presence enactment, the prosecu- legislative cific proceeded have undеr might well
tor statute, U.S.C., applicable course, reverse this con- we do not Of sо, but rath- failure to do for the
viction proof was a failure of there
er because materiality. element of essentiаl on the ration, examine of Governors the affairs of such any agent of the Federal or examiner bank, Reserve appointed or the System— Board prisоned “Shall [*] be nor fined not more more than five [*] [*] [*] than years, [*] $5,000 or both.” [*] or im- *2 174
ON PETITION FOR REHEARING
BROWN,
Judge,
Before
Chief
and
GEE,
Judges.
and
GODBOLD
Circuit
PER CURIAM:
Director,
Wainwright,
Louie L.
Divi-
Florida,
sion
Statе
Department of Health and Rehabilitative
herein,
petitioner
and
Services
seeks
this court a Writ of
from
Mandamus
and/or Prohibition directed at the Hon-
Krentzman,
Ben
orable
Judge,
District
and/or
the Honorable
Jr.,
Game,
Paul
Magis-
States
Basically,
Wаinwright
trate.
Mr.
com-
Magistrate
plains
Game exceeded
jurisdiction
releasing
his
оn bond a
prisoner
state
pending adjudica-
Florida
prisoner’s
of that
tion
habeas
ac-
in the United
States District Court
Florida,
for the Middle District of
Tam-
pa Division. Petitioner seeks extraordi-
nary relief aimed at confining Magis-
supposed jurisdiction.
to his
trate Game
spite
specific
the lack of
statutory authorization, it is within the
рower
inherent
of a District Court of the
prisoner
pending hearing
bond
and decisiоn on
for
application
his
a writ of habeas cor
ex
pus. United States
rel. Thomas v.
Jersey,
of New
472 F.2d
743
Cir.)
denied,
(3rd
cert.
414 U.S.
94
Shevin,
Fla.,
Atty.
Robert L.
Gen.
(1973);
is no forbidding delegation thus, showing of
and, no consistent re *3 duty.1 a known perform
fusal denied. al., OF TEXAS et
STATE
Plaintiffs-Appellees, INTERNATIONAL, A., S.
SEATRAIN Defendants-Appellants, al., et al., Railway Company et
Southern
Intervenors-Appellants, Authority, Ports Carolina
South Intervenor-Appellant. Appeals, Court of 28, 1975.
Aug. Denied Oct. deciding . .” proba- law . For- We observe without that it is States commissioners bly magis- 637 of 28 U.S.C. allowed United of a United mer section pend- to take bail. There is trate to States commissioners bail magistrate’s jurisdic- nothing ing indicate court consideration of district his habeas 636(a)(1) bail is more limited than that of action. U.S.C. tion vis-a-vis vests in magistrates powers which he serves. “all District Court imposed upon duties conferred