United States v. Joan McKenna

Good Law
2003 Daily Journal DAR 4141·327 F.3d 830·2003 WL 1896171·61 Fed. R. Serv. 123·2003 U.S. App. LEXIS 7291
United States Court of Appeals for the Ninth CircuitApril 18, 200301-10357California6,173 words

Opinion

Opinion

Goodwin, J.

Joan McKenna appeals her convictions of perjury ( 18 U.S.C. § 1621 ) and making a false declaration under oath ( 18 U.S.C. § 1623 ) for various statements she made during the course of her civil action against the government stemming from a car accident she had with a United States Postal Service (USPS) mail truck. McKenna challenges numerous aspects of the criminal proceedings. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Civil Case

In December 1994, the car McKenna was driving was hit by a USPS mail truck. Her car sustained $63.55 in damages; the mail truck had no damage. In 1997, McKenna sued the government, alleging physical injuries and seeking $1,000,000 in damages. The government, through AUSA Emily Kingston, first deposed McKenna in July 1998. In that deposition, Kingston, after stating that “we’ve already talked about the February '94 accident” (McKenna had already advised the government that she had been in another accident in February 1994), asked whether McKenna had ever had any kinds of injuries to her spine or neck. McKenna answered only that her spine had fused when her son was born but had since recovered.

In September 1998, Dr. Victor Prieto, an…

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