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UNITED STATES v. BERARDI

No. 872, Docket 79-1434.

629 F.2d 723 (1980)

UNITED STATES of America, Appellant, v. Clayton BERARDI, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 19, 1980.

Certiorari Denied November 17, 1980.

Attorney(s) appearing for the Case

David Rothenberg, Asst. U. S. Atty., W.D.N.Y., Rochester, N.Y. (Richard J. Arcara, U. S. Atty., W.D.N.Y., Gerald J. Houlihan, Asst. U. S. Atty., W.D.N.Y., Rochester, N.Y., of counsel), for appellant.

Alfred P. Kremer, Rochester, N.Y., for defendant-appellee.

Before LUMBARD, FRIENDLY and MESKILL, Circuit Judges.

Certiorari Denied November 17, 1980. See 101 S.Ct. 534.

MESKILL, Circuit Judge:

The United States appeals from a judgment of acquittal entered in the United States District Court for the Western District of New York notwithstanding a jury verdict finding appellee Clayton Berardi guilty of perjury committed before a grand jury. Immediately prior to the scheduled imposition of sentence, Judge Werker ruled that the false declaration for which appellee had been...

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