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U.S. v. SOBERON

No. 90-3244.

929 F.2d 935 (1991)

UNITED STATES of America, Appellant, v. Andres SOBERON, Armando Cartaya, Franklin Pena.

United States Court of Appeals, Third Circuit.

Decided April 3, 1991.

As Amended April 8 and April 12, 1991.

Attorney(s) appearing for the Case

Constance M. Bowden (argued), Office of United States Attorney, Pittsburgh, Pa., for appellant.

Neil M. Nameroff (argued), Miami, Fla., for appellee, Andres Soberon.

Charles J. Porter (argued), Brucker, Witherel & Zappala, Pittsburgh, Pa., for appellee, Armando Cartaya.

Lee Markovitz (argued), Pittsburgh, Pa., for appellee, Franklin Pena.

Before COWEN, ALITO and ROSENN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This criminal appeal concerns the propriety of the district court dismissing two counts of an indictment against three defendants charged in a conspiracy to distribute cocaine. The district court dismissed the indictment because it concluded that a government agent committed perjury at the grand jury hearing in which the indictment was obtained. The district court found that use of allegedly perjurious testimony...

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