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United States v. Swafford,
No. 06-5878 (6th Cir., January 17, 2008): 1. Conspiracy; 2. Variance; 3. Multiplicity: Complex conspiracy case where the Government alleged two counts of a single conspiracy, but the evidence at trial showed multiple conspiracies with different participants. This was a fatal variance. Also, the panel held that the trial court erred in denying Swafford's motion to strike or elect the substantive counts on the basis that they were multiplicitous.
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