United States Tenth Circuit

Recantation defense is available under 18 USC1623(d) only to "the person making the declaration," not to non-declarant of false testimony, and defendant must make substantial showing of attorney's failure to request a downward departure to support ineffectiveness of counsel claim.

Appellate Information

• Decided 12/21/2000
• Published 12/21/2000

Judges

Court

• United States Tenth Circuit

Counsel