United States v. Milford E. Cook

OPINION

Before ELY, WRIGHT and KILKEN-NY, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant’s perjury conviction under 18 U.S.C. § 1621 was initially affirmed by a majority of the panel on August 23, 1972. Judge Ely, with his customary sagacity, dissented. Then along came Bronston v. United States, 409 U.S. 352, 93 S.Ct. 595, 34 L.Ed.2d 568 (1973), a decision which, in substantial part, considered the precise problems with which we are here concerned and, essentially, tracked the reasoning previously set forth by Judge Ely in this case. We recalled our judgment and remanded to the district…