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UNITED STATES v. ARIAS

No. 77-2536.

575 F.2d 253 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Javier ARIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 12, 1978.

Attorney(s) appearing for the Case

S. Jeffrey Minker (argued), of Rabinovitz, Minker & Dix, Tucson, Ariz., for defendant-appellant.

Stephen M. Dichter, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before HUFSTEDLER, SNEED, and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

This is an appeal from a perjury conviction based on false testimony given by the defendant when he was tried for drug offenses. Luis Javier Arias was tried for the drug offenses on March 10, 1977, but the jury could not reach a verdict. He was tried a second time for the drug offenses on March 22, 1977 and was convicted. He then was charged with perjury, 18 U.S.C. § 1621, based on certain testimony he had given at the first trial. Arias...

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