Legal Opinion

United States v. Clayton Berardi

Court of Appeals for the Second Circuit

Decided November 17, 1980No. 872, Docket 79-1434PublishedCited by 61 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

The United States appeals from a judgment of acquittal entered in the United States District Court for the Western District of New York notwithstanding a jury verdict finding appellee Clayton Berardi guilty of perjury committed before a grand jury. Immediately prior to the scheduled imposition of sentence, Judge Werker ruled that the false declaration for which appellee had been convicted was immaterial to the matters under investigation and accordingly concluded that the one count indictment failed to state an offense. We hold that determination to be erroneous and…

2Cases cited32 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. CalandraSupreme Court of the United States · 1974
  3. United States v. ScottSupreme Court of the United States · 1978
  4. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  5. Sanabria v. United StatesSupreme Court of the United States · 1978

27 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. First Capital Asset Management, Inc. v. Satinwood, Inc.Court of Appeals for the Second Circuit · 2004
  2. United States v. Sun Myung Moon and Takeru KamiyamaCourt of Appeals for the Second Circuit · 1983
  3. United States v. Kevin v. Leroy and John Hitchings, Jr.Court of Appeals for the Second Circuit · 1982
  4. United States v. Michael E. GaudinCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Frederick Ines Gordon, United States of America v. Edward LoeswickCourt of Appeals for the Ninth Circuit · 1988

56 more not listed; retrieve them via the Exa API.

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