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SHERMAN v. UNITED STATES

No. 21603.

383 F.2d 837 (1967)

Thomas Joseph SHERMAN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 28, 1967.

Attorney(s) appearing for the Case

David L. Irons, Honolulu, Hawaii, for appellant.

Herman T. F. Lum, U. S. Atty., James F. Ventura, Asst. U. S. Atty., Honolulu, Hawaii, for appellee.

Before MADDEN, Judge of the Court of Claims, and BARNES and MERRILL, Circuit Judges.

MERRILL, Circuit Judge:

This case raises two questions relating to the tentative sentence provided by 18 U.S.C. § 4208(b):1 (1) Does the right of allocution2 attach at the time of defendant's commitment under the tentative sentence as well as at final sentencing; (2) under what standard should leave to withdraw a plea of guilty3 be granted during the period between the tentative...

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