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UNITED STATES v. FERNANDEZ

No. 814, Docket 34430.

428 F.2d 578 (1970)

UNITED STATES of America, Appellee, v. Roberto Antonio FERNANDEZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 8, 1970.

Attorney(s) appearing for the Case

Stanhope Lacy, Jr., Jamaica, N. Y., for appellant.

Maurice M. McDermott, and John R. Wing, Asst. U. S. Attys., (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, on the brief), for appellee.

Before SMITH and HAYS. Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Roberto Antonio Fernandez appeals from a judgment of conviction entered in the United States District Court for the Southern District of New York following a denial by Judge John M. Cannella of his motion under Rule 32(d), Fed.R.Crim.Proc., 18 U.S.C., to withdraw his plea of guilty to an indictment charging bank robbery.

On June 19, 1969, Fernandez and three others, Robert Douglas, Wilmer E. Wilson, Jr. and Hubert A. Vaughan, were...

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