United States v. William C. Scrimgeour

FRANK M. JOHNSON, Jr., Circuit Judge:

The Government appeals from the district court’s dismissal of a five-count indictment charging William Scrimgeour with knowingly making false material declarations before a grand jury in violation of 18 U.S.C.A. § 1623. 1 The district court granted Scrimgeour’s motion to dismiss the indictment, ruling that prosecution was barred by the recantation provision of 18 U.S.C.A. § 1623(d). 2

Scrimgeour made material declarations under oath before a grand jury and subsequently reappeared and admitted those declarations to be false. He first testified before the…