UNITED STATES v. HERNANDEZ

No. 77-2451.

572 F.2d 218 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 27, 1978.


Attorney(s) appearing for the Case

Thomas R. Sheridan (argued), of Simon & Sheridan, Los Angeles, Cal., for defendant-appellant.

Wilfred A. Hearn (argued), Los Angeles, Cal., for plaintiff-appellee.


OPINION

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and KING,* District Judge.

HUFSTEDLER, Circuit Judge:

The issue on this appeal is whether double jeopardy foreclosed the Government from prosecuting Hernandez for perjury (18 U.S.C. § 1623) based upon his alleged false testimony in his prior trial charging him with violating 18 U.S.C. § 1001, in which he was acquitted...

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