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MILLER v. UNITED STATES

No. 19934.

351 F.2d 598 (1965)

Howard S. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 26, 1965.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Burt S. Pines, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLIN and MERRILL, Circuit Judges.

BARNES, Circuit Judge:

Appellant and five codefendants were charged in a thirty count indictment with mail fraud (18 U.S.C. § 1341) and fraud in sale of securities (15 U.S.C. § 77q(a) and 77x). Appellant originally pled not guilty. After one change of retained counsel, appellant and another defendant (McDonald) requested leave to withdraw their pleas of not guilty, and enter new pleas. Miller pleaded nolo contendere to counts one through thirty; McDonald...

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