United States v. John Tobias

Tobias appeals his perjury conviction, claiming that he recanted his perjurious testimony and that the evidence was insufficient to support his conviction. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

Tobias, a forty-six year old airline cargo handler, was called as a defense witness in United States v. Fannin (N.D.Cal. CR 84-531-JPV). Fannin’s counsel asked:

Excerpts of Record (E.R.) at 16. The government cross-examined Mr. Tobias:

E.R. at 20.

Tobias continued his testimony the next day. The government played a cassette tape of a telephone conversation between Tobias and Conrad Bouchelion. His testimony continued:

E.R. at 30-33. Fannin’s counsel then introduced testimony that Tobias met with customs agents in September of 1984. At that meeting, Tobias admitted that he “knew” a man named Conrad, but claimed that he did not know his last name, nor did he have extensive contact with him. See E.R. at 14.

Tobias was indicted for perjury. See 18 U.S.C. § 1623 (1982). Defense counsel filed a motion to dismiss the indictment, arguing that Tobias recanted his false testimony. Tobias argues that by admitting the truth of this prior statement, he recanted his earlier testimony. See id.…