Docket No. 05-2566-CR.

436 F.3d 125 (2006)

UNITED STATES of America, Appellant, v. Osama AWADALLAH Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 26, 2006.

Attorney(s) appearing for the Case

Robin L. Baker, Assistant United States Attorney for the Southern District of New York, (David N. Kelley, United States Attorney for the Southern District of New York, Karl Metzner, Harry Sandick, Assistant United States Attorneys, on the brief) for Petitioner United States of America.

Robert J. Boyle; Law Office of Robert J. Boyle, New York, NY, for Respondent Osama Awadallah.

Lewis J. Liman, Catherine Sykes; Cleary Gottlieb Steen & Hamilton LLP; Alexandra A.E. Shapiro, Rachel Hemani; Latham & Watkins LLP; for Amicus Curiae New York Council of Defense Lawyers.

Before: FEINBERG, B.D. PARKER, and CUDAHY, Circuit Judges.

B.D. PARKER, Jr., Circuit Judge.

On October 10 and 15, 2001, Osama Awadallah ("Awadallah") testified before a grand jury sitting in the Southern District of New York investigating the September 11, 2001 terrorist attacks. Awadallah was subsequently indicted on two counts of perjury. See 18 U.S.C. § 1623. Count One alleged that he falsely denied knowing the name Khalid Al-Mihdhar ("Al-Mihdhar"), who had been identified as one of the hijackers of the airplane...

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