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UNITED STATES v. D'AURIA

No. 561, Docket 81-1266.

672 F.2d 1085 (1982)

UNITED STATES of America, Appellee, v. Michael D'AURIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 2, 1982.

Attorney(s) appearing for the Case

Harvey Stone, New York City (Schlam, Stone & Caro, New York City, of counsel), for defendant-appellant.

Vivian Shevitz, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., of counsel), for appellee.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Michael D'Auria appeals from a judgment of the Eastern District of New York, entered by Judge Charles P. Sifton after a jury trial, convicting him of one count of making false declarations before a grand jury in violation of 18 U.S.C. § 1623.1 D'Auria's principal argument on appeal is that he made a timely offer to the prosecution to go before the grand jury and recant his false testimony, and that the prosecution...

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