United States v. Howard Vincent Perno

Perno was found guilty by a jury in state court of attempted murder and conspiracy to murder. One month later, before the state convictions had been reduced to sentence, he was tried in federal court for conspiracy to racketeer and unlawful use of explosives.

He moved the district court to preclude the introduction of his state convictions as evidence, stating he would be forced not to testify if they were admissible. The court denied the motion, the convictions were introduced, and he did not testify. He was convicted on both counts and sentenced to five year concurrent terms to run consecutively to the state sentence.

Later, a state appellate court reversed his state convictions and ordered a new trial, which has not yet been held. Perno argues that (1) the reversal constitutes “new evidence” requiring a new trial on the federal charges at which he could testify without fear of impeachment by the state convictions and (2) the district judge should have ordered him released to federal custody after the state conviction reversal and his federal sentence should have commenced to run from the time of sentencing.

Among other prerequisites to the granting of a new trial,…