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United States v. Isabella

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 22, 1985

UNITED STATES OF AMERICA
v.
VINCENT ISABELLA, APPELLANT

Criminal Action No. 83-00389 - E.D. Pa. District Judge: Honorable Louis H. Pollak.

Author: Seitz

Before: SEITZ, HIGGINBOTHAM, Circuit Judges, and WEBER, District Judge.*fn*

JUDGMENT ORDER

SEITZ, Circuit Judge.

After consideration of the contentions raised by appellant, to-wit, that (1) the indictment Number 83-00389 failed to sufficiently allege the falsity of the appellant's grand jury testimony and the materiality of the alleged falsehood, warranting said indictment's pretrial dismissal, (2) the court committed error in finding, as a matter of law, that the responsive allegation of appellant was material to the matters of inquiry before the grand jury, particularly in light of the totality of the circumstances, and (3) given the scope of the grand jury investigation as represented to the appellant, the nature and manner of inquiry directed to the appellant, and the totality of the circumstances of said inquiry and response, the government failed to establish that the appellant knowingly uttered a falsehood before the grand jury, thereby rendering the appellant's subsequent conviction for perjury against the weight of the evidence, it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.


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