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UNITED STATES v. CALIMANO

No. 77-5386.

576 F.2d 637 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique H. CALIMANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 20, 1978.

Attorney(s) appearing for the Case

Barry A. Cohen, Tampa, Fla., Joseph Beeler, Miami, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., W. Christian Hoyer, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEWIN, GODBOLD and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

On February 14, 1977, Enrique Calimano was convicted in a non-jury trial of knowingly using a document containing a false material declaration in a proceeding before a grand jury and with knowingly making a false material statement while testifying before a grand jury.1 On appeal Calimano presents a number of issues, only two of which require our attention. (1) He contends that the district court erred in denying...

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