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United States v. Sherman

United States Court of Appeals for the Third Circuit
150 F.3d 306 (1998)


Facts

Robert Sherman (defendant), a doctor, testified as an expert witness on behalf of a plaintiff in a medical-malpractice trial. Sherman testified that he was licensed to practice medicine in a few jurisdictions and that the licenses had never been revoked. In fact, all of Sherman’s licenses had been revoked, which Sherman admitted after defense counsel questioned him regarding the revocations. Sherman was convicted of violating the general perjury statute codified at 18 U.S.C. § 1621. The District Court for the Middle District of Pennsylvania dismissed the indictment because Sherman was charged pursuant to the general perjury statute rather than the more specific, false-declarations statute codified at 18 U.S.C. § 1623, thereby depriving Sherman of a defense available only under § 1623. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (McKee, J.)

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