FERNANDEZ

v.

UNITED STATES

Citator

Cited By

• Brest v. Ciccone, 371 F.2d 981 (8th Cir. 1967)
  …vania, found guilty and resentenced to identical terms in 1939. Thereafter, in 1958, the bank robbery sentence was vacated. See United States v. Brest, 23 F.R.D. 103 (W.D.Pa.1958); United States v. Brest, 266 F. 2d 879 (3rd Cir. 1959), cert. denied, 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 619.…
• In re Grand Jury Witness Chanie Weiss, 703 F.2d 653 (2d Cir. 1983)
  …ed from presiding at the trial or hearing except with the defendant’s consent. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. . See also Collins v. United States, 269 F. 2d 745 (9th Cir.1959), cert. denied, 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 620 (1960), in which the witness, who had been convicted, after his plea of guilty, of the killing of one Thomas during a burglary, testified before a grand jury investigating whether Thomas had in fact been murdered to prev…
• In re Grand Jury Witness Charles Joseph Battaglia. Charles Joseph Battaglia v. United States, 653 F.2d 419 (9th Cir. 1981)
  …nly upon a showing, not made here, that the perjury obstructed the performance of the court’s duties. See Ex Parte Hudgings, 249 U.S. 378, 39 S.Ct. 337, 63 L.Ed. 656 (1919); Collins v. United States, 269 F. 2d 745, 750 (9th Cir. 1959), cert. denied, 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 620 (1960). A witness who testified that he does not remember an event can be convicted of perjury if it can be proven beyond a reasonable doubt that he does, in fact, remember the event. United States v. Ponticelli, 622 F.…