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U.S. v. CORNIELLE

Docket No. 98-1254.

171 F.3d 748 (1999)

UNITED STATES of America, Appellee, v. Omar CORNIELLE, Defendant, Melvin Feliz, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Joshua G. Berman, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney, Alexandra A.E. Shapiro, Assistant United States Attorney, Southern District of New York, New York, New York, of counsel), for Appellee.

Noah L. Shube, New York, New York (Law Offices of Gary B. Friedman, New York, New York, of counsel), for Defendant-Appellant.

Before: NEWMAN, CARDAMONE, and PARKER, Circuit Judges.

CARDAMONE, Circuit Judge:

We deal on this appeal with a criminal conviction for perjury, 18 U.S.C. § 1623 (1994), that occurred during the course of a civil trial in which the perjurer sought to collect money damages. The perjury is not disputed. Instead, the issue raised is whether the government's four-year delay in prosecuting defendant Melvin Feliz1 — during which defendant, having been released from prison, had ostensibly...

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