U.S. v. HEFFERNAN

No. 94-1080.

43 F.3d 1144 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James P. HEFFERNAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 27, 1994.


Attorney(s) appearing for the Case

Barry Rand Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, John J. Powers, III, Dept. of Justice, Antitrust Div., Appellate Section, Andrea Limmer (argued), Dept. of Justice, Antitrust Div., Washington, DC, for U.S.

George Murtaugh, Jr., Lydon & Griffin, Royal B. Martin, Jr., Daniel T. Hartnett (argued), Martin, Brown & Sullivan, Chicago, IL, for James P. Heffernan.

Before POSNER, Chief Judge, and ENGEL and EASTERBROOK, Circuit Judges.


POSNER, Chief Judge.

James Heffernan, vice-president of a company that makes steel drums, conspired with executives of competing companies to sell the most common type of drum at identical prices to two large buyers. He was convicted of violating section 1 of the Sherman Act, 15 U.S.C. § 1, and was sentenced to 24 months in prison. He would have received a shorter sentence had the judge not found that his offense was "bid-rigging" rather than simple price fixing...

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