U.S. v. CARTER

No. 93-4817.

60 F.3d 1532 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Clayton E. CARTER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 14, 1995.


Attorney(s) appearing for the Case

Joel Kaplan, Miami, FL, for appellant.

Kendall Coffey, U.S. Atty., Madeleine R. Shirley, Linda Collins Hertz and Lisa Rubio, Asst. U.S. Attys., Miami, FL, for appellee.

Before ANDERSON and BIRCH, Circuit Judges, and JOHNSON, Senior Circuit Judge.


BIRCH, Circuit Judge:

We determine in this case whether the doctrine of collateral estoppel bars the government from prosecuting an individual for perjured testimony given by that individual as a defendant in a previous trial. The district court held that the government may prosecute the defendant for perjury because the jury, in reaching its verdict, did not necessarily find that the defendant's statements were true. We AFFIRM.

I. BACKGROUND

Defendant...

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