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U.S. v. THOMAS

No. 89-8477.

916 F.2d 647 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Lavere THOMAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 6, 1990.

Attorney(s) appearing for the Case

George O. Lawson, Jr., Atlanta, Ga., Howard Moore, Moore & Moore, Oakland, Cal., for defendant-appellant.

Wilmer Parker, III, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Antonio Thomas, an attorney, appeals his conviction on one count of endeavoring to obstruct justice in violation of 18 U.S.C. § 1503 by testifying falsely in a federal civil proceeding with knowledge of a pending grand jury investigation. The government concedes that a new trial is warranted because the trial court failed to charge the jury that the alleged false testimony had the effect of obstructing justice.

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