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UNITED STATES v. KEARNEY

No. 81-1043.

682 F.2d 214 (1982)

UNITED STATES v. Lawrence KEARNEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1982.

Attorney(s) appearing for the Case

Richard A. Friedman, Washington, D. C. (appointed by this court), for appellant.

Lisa J. Stark, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before TAMM, MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Opinion concurring in the result filed by Circuit Judge TAMM.

MacKINNON, Circuit Judge.

Lawrence Kearney appeals the denial by the District Court of a 28 U.S.C. § 2255 motion to set aside his 1968 conviction for second degree murder. He now contends, as he did on his first § 2255 motion in 1973, that a key witness' testimony was coerced and perjurious. The judge who had tried the case...

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