ON APPEAL FROM THE DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA.
Seitz, Chief Judge, Aldisert and Rosenn, Circuit Judges.
John Stanfa appeals from a judgment of conviction and sentence. This court has jurisdiction under 28 U.S.C. § 1291 (1976).
On March 21, 1980, Angelo Bruno was shot to death while a passenger in a vehicle owned and driven by Stanfa. Stanfa, who was wounded during the incident, twice appeared before a federal grand jury investigating Bruno's murder. At his second appearance, on April 21, 1980, Stanfa was asked two questions that he did not truthfully answer.
One month later, an indictment charging Stanfa with two counts of making false declarations before a grand jury was returned and filed. See 18 U.S.C. § 1623(a) (1976). The first count alleged that on April 21, 1980, Stanfa:
appeared as a witness before the aforesaid Grand Jury, and then and there being under oath . . . did knowingly declare with respect to a material matter as follows:
Q. Have you ever traveled with Mr. Sindone or Mr. Simone to New York City?
WHEREAS, in truth and fact, as JOHN STANFA then well knew, he had, on March 27, 1980, traveled to New York with Frank Sindone and John Simone. . . .
The second count alleged that Stanfa:
appeared as a witness before the aforesaid Grand Jury, and then and there being under oath . . . did knowingly declare with ...