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U.S. v. SWINK

Nos. 93-1763, 93-1877.

21 F.3d 852 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy D. SWINK, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Jimmy D. SWINK, Jr., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 15, 1994.

Rehearing Denied June 28, 1994.

Attorney(s) appearing for the Case

Samuel Perroni, Little Rock, AR, argued (Rita Looney, on the brief), for appellant.

Clarence D. Stripling, Asst. U.S. Atty., Little Rock, AR, argued (Jana K.B. Christian, Asst. U.S. Atty., on the brief), for appellee.

Before HANSEN, Circuit Judge, JOHN R. GIBSON and FRIEDMAN, Senior Circuit Judges.

FRIEDMAN, Senior Circuit Judge.

This is an appeal from convictions of (1) conspiracy to make materially false statements to the Securities and Exchange Commission (SEC) and (2) perjury committed during an SEC investigation. We reverse both convictions, holding that (1) the district court's refusal to permit the defendant to call an exculpatory witness was reversible error and (2) the evidence does not support the perjury conviction. The government's cross appeal challenging...

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