U.S. v. PORTER

No. 92-3813.

994 F.2d 470 (1993)

UNITED STATES of America, Appellee, v. Quillin PORTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 27, 1993.


Attorney(s) appearing for the Case

Edwin Gartin, Bentonville, AR, argued, for appellant.

William Cromwell, Asst. U.S. Atty., Ft. Smith, AR, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and KYLE, District Judge.


KYLE, District Judge.

Introduction

Defendant Quillin Porter appeals his conviction of perjury for making "irreconcilably contradictory declarations material to the point in question" under oath in violation of 18 U.S.C. § 1623(c). For the reasons set forth below, we reverse the conviction.

Background

The perjury charge stems from defendant's statements made (a) before a grand jury on May 18, 1989 as part of a plea agreement and (b...

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