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UNITED STATES v. SMITH

No. 76-1017.

538 F.2d 159 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Carl E. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1976.

Attorney(s) appearing for the Case

F. Laurence Anderson, Jr., Gary, Ind., for defendant-appellant.

Lauren S. Kahn, T. George Gilinsky, Washington, D.C., Abraham M. Poretz, Crim. Div., Dept. of Justice, Washington, D.C., John R. Wilks, U.S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before CUMMINGS and BAUER, Circuit Judges, and JAMESON, Senior District Judge.

JAMESON, Senior District Judge:

Carl E. Smith has appealed his conviction for perjury before a grand jury, contending that (1) his alleged perjurious statements should have been suppressed because he was not given the warnings called for by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), prior to his grand jury testimony, and (2) the evidence was insufficient to sustain his conviction. We affirm.

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