UNITED STATES v. ANTONE

No. 78-1614.

603 F.2d 566 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony ANTONE, Manuel Gispert, Larry Neil Miller, Frank Diecidue, a/k/a "The Under Boss," Frank Boni, Jr., and Homer Rex Davis, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 1, 1979.


Attorney(s) appearing for the Case

Robert W. Knight, Federal Public Defender, Tampa, Fla., for Antone.

B. Anderson Mitcham, Tampa, Fla. (Court-appointed), for Gispert.

George D. Gold, Miami, Fla., for Boni.

James O. Brecher, Jacksonville, Fla. (Court-appointed), for Miller.

Paul Antinori, Jr., Tampa, Fla., for Diecidue.

Henry Gonzalez, James L. Arnold, Tampa, Fla., for Davis.

Katherine Winfree, Appellate Sect., Crim. Div., Sidney M. Glazer, Atty., U.S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GODBOLD, SIMPSON and RONEY, Circuit Judges.


RONEY, Circuit Judge:

While appeals from convictions for various offenses were pending, see United States v. Diecidue, 603 F.2d 535 (5th Cir. 1979), defendants were made aware of false testimony by the principal Government witness and moved for a new trial. We remanded to the district court where their motion was denied. On appeal, defendants argue that a false statement which covered up the fact that attorney's fees of the...

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