U.S. v. PAVLOYIANIS

No. 1207, Docket 92-1776.

996 F.2d 1467 (1993)

UNITED STATES of America, Appellee, v. Costas PAVLOYIANIS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1993.


Attorney(s) appearing for the Case

Mark M. Baker, New York City (Barry I. Slotnick, Michael Shapiro, Slotnick and Baker, of counsel), for defendant-appellant.

Bruce G. Ohr, Asst. U.S. Atty., S.D.N.Y. (Roger S. Hayes, U.S. Atty., Andrew C. McCarthy, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee.

Before: NEWMAN and CARDAMONE, Circuit Judges, and METZNER, District Judge.


CARDAMONE, Circuit Judge:

The question on this appeal is whether the discovery after a defendant's trial that a government witness perjured herself bars his retrial on double jeopardy grounds. The issue for us is a subtle one: whether the government's conduct in connection with its witness' perjury was merely a legal error or amounted to an impropriety or injustice against the defendant. While any impropriety in a defendant...

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