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United States Eighth Circuit


US v. Smiley, 07-3205

Sentence for mail fraud and failure to pay federal taxes is reversed where the conduct at issue that caused the district court to vacate an initial sentence and resentence defendant did not fall within the narrow definition of "fraud upon the court" which is required to vacate a judgment.

Appellate Information

  • Decided 01/26/2009
  • Published 01/26/2009

Judges

  • PIERSOL, District Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and PIERSOL , District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Micheal F. Jones, argued, Clayton, MO, for appellant.

  • For Appellees:
  • Hal Goldsmith, I, AUSA, argued, St. Louis, MO, for appellee.
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