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UNITED STATES v. McDANIEL

No. 28963 Summary Calendar.

425 F.2d 813 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Lee McDANIEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 15, 1970.

Attorney(s) appearing for the Case

Peter M. DeManio, Orlando, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

The sole question before us is whether the District Judge abused his discretion in denying the motion of defendant to withdraw his plea of guilty entered after an earlier plea of not guilty.1 The motion was filed some 40 days after defendant entered his guilty plea and two days before he was to be sentenced. The sole ground alleged was that he was "frightened and confused" when the guilty plea was made.

The defendant...

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