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United States v. Swepston

United States Court of Appeals for the Eighth Circuit

289 F.2d 166 (1961)

Facts

Swepston (defendant) was charged with, and pleaded guilty to, five separate counts of filing false claims for income tax refunds in violation of the criminal false-claims statute, 18 U.S.C. § 287. Before accepting Swepston’s guilty plea, the district court made sure Swepston understood what the penalty would be for each offense. The presentence investigation revealed that Swepston had filed many false claims for tax refunds throughout the country. He was sentenced to three years’ imprisonment on each count, to be served consecutively. Swepston filed a motion for vacation or correction of his sentence. The district court denied the motion. On appeal, Swepston argued that the district court had erred in imposing consecutive sentences.

Rule of Law

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Issue

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Holding and Reasoning (Vogel, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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