UNITED STATES v. SWAIM

No. 84-4583.

757 F.2d 1530 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. John R. SWAIM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 13, 1985.


Attorney(s) appearing for the Case

Battaglia, Ross, Hasting, Dicus & Andrews, Stephen J. Wein, Anthony S. Battaglia, Petersburg, Fla., for defendant-appellant.

Glen H. Davidson, U.S. Atty., Thomas W. Dawson, Asst. U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The defendant was convicted by a jury of concealing and covering up the true purchase price of a building, $1,600,000, by a scheme in order to obtain a loan from a government insured institution, in violation of 18 U.S.C. § 1001. The Government sought to prove that the purpose of the defendant's deception was to obtain a loan of $2,225,000, which included an amount in excess of the purchase price, and to convert the excess to his...

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