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UNITED STATES v. PRICE

No. 23217.

436 F.2d 303 (1970)

UNITED STATES of America v. James PRICE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1970.

Attorney(s) appearing for the Case

Mr. Michael A. Schuchat, Washington, D.C. (appointed by this Court) for appellant.

Mr Julius A. Johnson, Asst. U.S. Atty., with whom Messrs. Thomas A. Flannery, U.S. Atty., and John A. Terry. Asst. U.S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and DAVIS, Judge, United States Court of Claims.

PER CURIAM:

The judgment is affirmed.

Judge DAVIS has filed an opinion and Chief Judge BAZELON has filed a dissenting opinion.

DAVIS, Judge:

I vote to affirm. On the point discussed by Chief Judge Bazelon, this case should not be viewed, in my opinion, as if the trial court had rejected the defendant's proffer of a plea of guilty to a lesser included offense after the judge learned that the defendant maintained innocence. As I understand the...

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