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U.S. v. SHERMAN

No. 97-7073.

150 F.3d 306 (1998)

UNITED STATES of America, Appellant v. Robert J. SHERMAN

United States Court of Appeals, Third Circuit.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Theodore B. Smith, III (Argued), Office of United States Attorney, Harrisburg, PA, for Appellant.

Benjamin S. Waxman (Argued), Robbins, Tunkey, Ross, Amsel, Raben & Waxman, Miami, FL, for Appellee

Before: ALITO, LEWIS & McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

The government appeals the order of the District Court for the Middle District of Pennsylvania dismissing a fivecount indictment against Robert Sherman in which he was charged with committing perjury before a federal grand jury in violation of 18 U.S.C. § 1621. The district court held that the prosecution improperly charged Sherman under that general perjury statute...

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