UNITED STATES v. KAUFMANN

Nos. 85-1692, 85-1693, 85-1695 and 85-1841.

783 F.2d 708 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Peter J. KAUFMANN, Jan E. Ostermeier and William C. Cummings, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1986.


Attorney(s) appearing for the Case

Leonard G. Leverson, Milwaukee, Wis., Charles W. Giesen, Giesen & Berman, and Ralph A. Kalal, Kalal & Habermehl, Madison, Wis., for defendants-appellants.

Grant C. Johnson, Asst. U.S. Atty., Madison, Wis., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, and CUDAHY and EASTERBROOK, Circuit Judges.


CUDAHY, Circuit Judge.

Defendants argue that they are entitled to a new trial because the Government's principal witness, Agent John Holm of the Division of Criminal Investigation of the Wisconsin Department of Justice, testified falsely at trial. We remand to the district court to make the appropriate findings under the standard articulated in Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959), and subsequent...

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