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U.S. v. EUREKA LABORATORIES, INC.

No. 96-10006.

103 F.3d 908 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. EUREKA LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1996.

Attorney(s) appearing for the Case

Woon Ki Lau, Lau & Choi, Denver, CO, for defendant-appellant.

Donald W. Searles, Assistant United States Attorney, Sacramento, CA, for plaintiff-appellee.

Before: BEEZER and THOMPSON, Circuit Judges, and GONZALEZ, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Defendant Eureka Laboratories, Inc. (ELI) and two of its managers were charged in an eight-count superseding information with conspiracy to defraud the United States and other crimes arising from ELI's alleged fraudulent manipulations of analytical tests, in violation of 18 U.S.C. §§ 287, 371, and 1001. After the trial began, ELI pleaded guilty to all counts.

During sentencing, the district court imposed a $1.5 million...

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