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U.S. v. WALTON

No. 93-2950.

36 F.3d 32 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Michael WALTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 1994.

Attorney(s) appearing for the Case

David Capp, U.S. Atty., Andrew B. Baker, Jr., Asst. U.S. Atty., Dyer, IN, Douglas Letter, Matthew M. Collette (argued), Dept. of Justice, Civ. Div., Appellate Section, Washington, DC, Denis E. Buckley, Office of U.S. Atty., South Bend, IN, Vivian Madison, U.S. Food & Drug Admin., Rockville, MD, for plaintiff-appellant.

Suzanne Philbrick, Chesterton, IN (argued), for defendant-appellant.

Before ENGEL, BAUER and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Michael Walton was a vendor of heart pacemakers, which are surgically installed inside the chests of patients. Walton tampered with the invoices and packing slips that accompanied the pacemakers in their shipping containers. Seeing an opportunity to make a profit on outdated pacemakers, he changed the "use-before" dates on these documents, which indicated the last date on which a pacemaker was to be used. Walton then returned them to the package...

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