United States v. Herman Eugene Lardieri

ADAMS, Circuit Judge:

The issue posed by the petition for rehearing before the panel is whether an indictment for perjury allegedly committed during the course of testimony before a grand jury may be dismissed because of the failure by the prosecutor to inform the witness of the recantation provision of § 1623.1

*321The events leading to Herman Lardieri’s perjury conviction occurred during an investigation of the tax affairs of Louis Sorrentino. Lardieri performed some managerial functions at Steurer’s Restaurant in Altoona, which was owned from July, 1967 to July, 1969 by Sorrentino, a New York…