United States v. Clayton Berardi
Court of Appeals for the Second Circuit
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
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- Sanabria v. United StatesSupreme Court of the United States · 1978
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