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UNITED STATES v. JOHNSON

No. 80-1946.

647 F.2d 815 (1981)

UNITED STATES of America, Appellee, v. Gilbert Wallace JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 30, 1981.

Attorney(s) appearing for the Case

Delaney & Thompson, Ltd. by Peter J. Thompson, Minneapolis, Minn., for appellant.

Thomas K. Berg, U. S. Atty., D. Minn., Minneapolis, Minn., Betsy De La Vega, Legal Intern, for appellee.

Before HEANEY, Circuit Judge, PECK, Senior Circuit Judge, and HENLEY, Circuit Judge.

HENLEY, Circuit Judge.

A grand jury charged Johnson in a one-count indictment of bribery of an I.R.S. official, in violation of 18 U.S.C. § 201(b)(1). A jury acquitted Johnson of this offense, but convicted him of the lesser included offense of payment of a gratuity to a public official, 18 U.S.C. § 201(f). The district court1 imposed a one-year sentence but partially suspended execution of the sentence on condition that two...

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