Kungys v. United States

Justice O’Connor,

concurring in part and dissenting in part.

I join Parts I, II-A, and III of Justice Scalia’s opinion in this case. For the reasons given in Part II of Justice White’s opinion, however, I dissent from Part II-B of Justice Scalia’s opinion. In my view, when the correct standard of materiality is applied to the facts of this case, the misrepresentations made by petitioner are properly viewed as material.