United States v. Walter A. Niemiec

COFFEY, Circuit Judge.

Appeal from the United States District Court for the Northern District of Indiana. This case is an appeal from the denial of the defendant-appellant’s motion to set aside an order which stated in part, “the execution of the remainder of the sentence of imprisonment is hereby suspended. . .. ” Affirmed.

The defendant-appellant, Walter A. Niemiec, was convicted of perjury in violation of 18 U.S.C. § 1623. The trial judge, Judge McNagny, became ill and underwent emergency surgery after the defendant’s trial and was unable to be present in court to sentence the defendant.…