United States v. Oscar D. Sainz

FERGUSON, Circuit Judge:

The defendant, Oscar Sainz, appeals his conviction on one count of perjury for a statement he made before a federal grand jury. 18 U.S.C. § 1623. The defendant, formerly an employee of the Immigration and Naturalization Service (“INS”), was tried on two counts of perjury for statements he made before the grand jury, was convicted on one count, and was sentenced to a year in prison. On appeal, the defendant raises a number of contentions; we need only reach one of his arguments. We reverse.

I

At all relevant times alleged in the indictment the defendant was employed as a…