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UNITED STATES v. SWAFFORD

No. 84-1388.

766 F.2d 426 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Leland SWAFFORD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 1985.

Attorney(s) appearing for the Case

Richard D. Irvin, Boulder, Colo., for defendant-appellant.

Louis M. Fischer, Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C. (Donn F. Baker, Acting U.S. Atty., E.D. Oklahoma, Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before McKAY, SETH and SEYMOUR, Circuit Judges.

SETH, Circuit Judge.

The defendant was indicted on three counts under 18 U.S.C. § 1510 and 18 U.S.C. § 1512, one for conspiracy and two substantive counts. Defendant was convicted of conspiracy to injure a person on account of information given by that person as to a violation of criminal law. He was acquitted on the two substantive counts. There were overt acts alleged in the conspiracy count.

Defendant Ernest Swafford had pled guilty to a federal...

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