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U.S. v. SHUCK

No. 89-7098.

895 F.2d 962 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Ralph Edward SHUCK, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1990.

Attorney(s) appearing for the Case

Thomas Ernest Booth, (William A. Kolibash, U.S. Atty., David E. Godwin, Asst. U.S. Atty., on brief), for plaintiff-appellant.

Thomas M. Dawson, (Michael D. Dick, on brief), for defendant-appellee.

Before PHILLIPS, Circuit Judge, BUTZNER, Senior Circuit Judge, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

The United States appeals the district court's order granting Ralph E. Shuck's 28 U.S.C. § 2255 motion to vacate his conviction for making a false declaration before a grand jury in violation of 18 U.S.C. § 1623. The district court found that prosecutorial misconduct occurred during the grand jury proceedings. It held that this misconduct "undermine[d] the validity of the grand jury process" and required vacating the perjury...

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