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U.S v. PLASTER

Criminal No. 98-6-A.

16 F.Supp.2d 667 (1998)

UNITED STATES of America v. Clifford Eugene PLASTER, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

July 14, 1998.

Attorney(s) appearing for the Case

Richard A. Lloret, U.S. Attorney's Office, Abingdon, VA, for Plaintiffs.

Darrell A. Poe, Bradford & Poe, P.C., Abingdon, VA, for Defendant.

OPINION

JONES, District Judge.

The question in this criminal case is whether collateral estoppel bars the government from prosecuting the defendant for false swearing committed at a prior sentencing hearing, when the judge at sentencing accepted the defendant's testimony on the factual dispute at issue. Based on the circumstances of this case, I hold that collateral estoppel does apply and dismiss the prosecution...

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