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U.S. v. TOBIAS

No. 88-1096.

863 F.2d 685 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. John TOBIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Stephen G. Corrigan, Asst. U.S. Atty., Appellate Section, San Francisco, Cal., for plaintiff-appellee.

Joseph Morehead, Michael R. Hallinan, San Francisco, Cal., for defendant-appellant.

Before GOODWIN, SNEED and HUG, Circuit Judges.

SNEED, Circuit Judge:

Tobias appeals his perjury conviction, claiming that he recanted his perjurious testimony and that the evidence was insufficient to support his conviction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

Tobias, a forty-six year old airline cargo handler, was called as a defense witness in United States v. Fannin (N.D.Cal. CR 84-531-JPV). Fannin's counsel asked:

Q: And do you know a person by the name of...

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