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UNITED STATES v. KEHOE

No. 77-1027.

562 F.2d 65 (1977)

UNITED STATES of America, Appellee, v. Robert J. KEHOE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 3, 1977.

As Amended on Denial of Rehearing September 28, 1977.

Attorney(s) appearing for the Case

Albert F. Cullen, Jr., Boston, Mass., for appellant.

Robert B. Collings, Asst. U.S. Atty., Chief, Crim. Div., Boston, Mass., with whom James N. Gabriel, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and MILLER, Judge.

LEVIN H. CAMPBELL, Circuit Judge.

On June 4, 1975, while testifying under oath before a grand jury, Robert J. Kehoe answered "no" to various questions. Indicted for making false statements in violation of 18 U.S.C. § 1623, Kehoe was convicted and now appeals.

Prior to testifying before the grand jury, Kehoe was informed of his fifth amendment right to remain silent and his right to consult with his lawyer, after which it was explained

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