United States v. Luis Javier Arias

This is an appeal from a perjury conviction based on false testimony given by the defendant when he was tried for drug offenses. Luis Javier Arias was tried for the drug offenses on March 10, 1977, but the jury could not reach a verdict. He was tried a second time for the drug offenses on March 22,1977 and was convicted. He then was charged with perjury, 18 U.S.C. § 1621 , based on certain testimony he had given at the first trial. Arias was convicted of perjury and he challenges that conviction on this appeal.

The principal issue is whether the Government failed to prove that the allegedly perjurious statements were made under oath, an element of proof which is essential if we are to sustain the conviction. Arias also contends that a motion to dismiss the perjury indictment should have been granted, on grounds that the prosecution was selective and vindictive and further on the ground that a conviction was barred by collateral estoppel. For the reasons which follow, we reject each of these arguments and affirm the conviction.

A partial transcript of Arias’ testimony at the first drug trial was introduced by the Government in the perjury proceeding. The court reporter from the…