United States v. Scrimgeour
United States Court of Appeals for the Fifth Circuit
636 F.2d 1019 (1981)
- Written by Sharon Feldman, JD
Facts
William Scrimgeour (defendant) made material declarations under oath before a federal grand jury. Scrimgeour reappeared before the grand jury and admitted that the declarations he had previously made were false. Scrimgeour was indicted for knowingly making false material declarations before a grand jury. Under 18 U.S.C. § 1623(d), a person who recants or admits he has made false declarations will not be prosecuted for those declarations “if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.” The district court dismissed the indictment against Scrimgeour, holding that § 1623(d) had to be read disjunctively rather than conjunctively and therefore prosecution was barred if either of the two conditions set forth in the statute was satisfied. The United States (the government) (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Johnson, J.)
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