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U.S. v. SWICK

No. 02-2649.

334 F.3d 784 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Marvin L. SWICK, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2003.

Rehearing Denied: August 7, 2003.

Attorney(s) appearing for the Case

Janet L. Peterson, argued, AUSA, Sioux City, IA, for appellant.

Douglas L. Roehrich, argued, Sioux City, IA, for appellee.

Before HANSEN, Chief Judge, RICHARD S. ARNOLD and BYE, Circuit Judges.

BYE, Circuit Judge.

On September 30, 1999, Marvin L. Swick was indicted on a charge of tampering with consumer products with reckless disregard for risk to others in violation of 18 U.S.C. § 1365(a). On May 9, 2000, Swick pleaded guilty to a reduced charge of food tampering in violation of 18 U.S.C. § 1365(b). On September 13, 2000, the district court allowed Swick to withdraw his guilty plea. Swick proceeded to trial and was convicted of the more serious...

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