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UNITED STATES v. DAMATO

No. 76-2221.

554 F.2d 1371 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Joseph DAMATO, a/k/a Sal Picone, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1977.

Attorney(s) appearing for the Case

Robert B. Huie, Birmingham, Ala. (Court appointed), for defendant-appellant.

Wayman G. Sherrer, U.S. Atty., Melton L. Alexander, Bill L. Barnett, Asst. U.S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before MORGAN and HILL, Circuit Judges, and NOEL, District Judge.

NOEL, District Judge:

By this appeal, appellant Martin Damato seeks the reversal of his conviction on three counts of perjury that charged violations of 18 U.S.C. § 1623. The indictment alleged that appellant testified falsely during an evidentiary hearing on motions to suppress filed on behalf of the defendants in United States v. Sam Fiorella and James Thomas, CR-75-M-284-S (N.D.Ala.). The first count charged that Damato falsely swore that Internal Revenue...

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