(Download) "United States v. Serafini" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Serafini
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 28, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
In this appeal, Frank Serafini challenges his conviction and sentence for one count of perjury in violation of 18 U.S.C. S 1623 (1994). Serafini, a popular state legislator in northeastern Pennsylvania, was convicted based on his false testimony before a federal grand jury; the grand jury was investigating a scheme wherein corporate political contributions were funneled through thir d-party conduits in violation of federal election laws. In his grand jury testimony, Serafini had denied that he was reimbursed for a contribution he had made to Senator Bob Doles presidential campaign. In seeking to overtur n his conviction, Serafini maintains on appeal that (1) the prosecutors questioning before the grand jury was insufficiently precise to support a perjury conviction; (2) the District Court was wrong to strike only one aspect of Serafinis indictment, but should instead have dismissed the indictment in full; (3) the governments purported failure to disclose during discovery that its key witness had been re-immunized violated Serafinis due pr ocess rights; (4) the District Court erred in several evidentiary rulings, most notably in admitting a digital recor ding of Serafinis grand jury testimony and in admitting documentary evidence and live testimony concerning other peoples participation in the scheme; and (5) the gover nments evidence was legally insufficient to support a conviction. Serafini also challenges his ten-month split sentence, arguing that the District Court had no basis for a three- level enhancement for "substantial interfer ence with the administration of justice." See U.S.S.G.S 2J1.3(b)(2). The government cross-appeals Serafinis sentence, contesting both the fact and the extent of the District Courts three- level downward departure for exceptional civic or charitable contributions pursuant to U.S.S.G. S 5H1.11. The government also challenges the District Courts recommendation as to where Serafinis sentence should be served, arguing that the facility recommended is not a proper location for "imprisonment" under the Sentencing Guidelines.
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