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D told fellow employees and the security force of the mall where he worked that he had bit into a pin when he ate M&M candy bought from a vending machine. One of D's fellow employees found some metal embedded in the candy. The deputies who investigated the report found D's claim hard to believe and asked him to take a polygraph test. The examiner concluded that d was lying. After the examiner switched off the machine, D confessed that he had put the pin in the candy and made the report to get attention. D was prosecuted for violating § 1365(c)(1) and received a sentence of 12 months' imprisonment. D appealed. D objects, in part, to the testimony from an employee of the manufacturer that there were no other reports of pins in M&M candy.

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