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United States v. Udziela

671 F.2d 995 (1982)

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United States v. Udziela

United States Court of Appeals for the Seventh Circuit

671 F.2d 995 (1982)

Facts

Edward Udziela (defendant) was convicted of conspiring to manufacture and distribute phencyclidine (PCP) and related offenses. A coconspirator, Bruce Nacker, testified before the grand jury, casting Udziela’s brother, Paul Udziela, as the mastermind behind the conspiracy, minimizing Nacker’s own role and omitting Udziela’s involvement in the conspiracy. Drug Enforcement Administration (DEA) Agent Lance Mrock testified before the grand jury that he observed Paul purchase chemicals to manufacture PCP from an undercover agent and noted that Udziela was present during the exchange. Mrock stated that Udziela and Paul then went to Nacker’s garage, where Udziela helped unload the chemicals and then remained in the garage for a few minutes. Nacker had a biochemistry and pharmacy background and manufactured the PCP in his garage. The grand jury indicted Udziela. The day before trial, Nacker revealed to the government (plaintiff) that he had lied to the grand jury. The government immediately disclosed Nacker’s perjury to Udziela’s attorney. At trial, Nacker repeatedly directly implicated Udziela in the conspiracy. Udziela moved to dismiss the indictment mid-trial, arguing that it was unlawfully based upon Nacker’s perjured testimony. The district court denied the motion, and Udziela was convicted. Udziela appealed, solely focusing on Nacker’s perjury.

Rule of Law

Issue

Holding and Reasoning (Bauer, J.)

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